file:spcpro_part15.htm

15.  APPEALS IN SPECIAL PROCEEDINGS

1.   Appealability

An order or judgment which is appealable in special proceedings is an order
or judgment which

1. Allows or disallows a will;

2. Determines who are the lawful heirs of a
deceased person, or the distributive share of the estate to which such person
is entitled;

3. Allows or disallows, in whole or in part, any
claim against the estate of a deceased person, or any claim presented on behalf
of the estate in offset to a claim against it;

4. Settles the account of an executor, administrator,
trustee, or guardian;

5. Constitutes, in proceedings relating to the
settlement of the estate of a deceased person, or the administration of a
trustee or guardian, a final determination in the lower court of the rights of
the party appealing, except that no appeal shall be allowed from the
appointment of a special administrator; and

6. Is the final order or judgment rendered in the
case, and affects the substantial rights of the person appealing, unless it be
an order granting or denying a motion for new trial or for reconsideration.
²⁷⁰

2.  Who May Appeal

Any interested person may appeal. A stranger having neither material nor
direct interest in a testate or intestate estate has no right to appeal from
any order issued therein. ²⁷¹
Those who have been allowed to appeal are:

1. A surety of an executor or
administrator, made a party to an accounting made by such executor or
administrator, from an order approving or disapproving such accounting.

2. An heir, legatee or
devisee who has been served with notice as to a money claim against the estate
admitted by the executor or administrator, from an order of the court approving
such claim;

3. A creditor who is allowed
by the court to bring an action for recovery of property;

4. A special administrator,
from an order disallowing a will. ²⁷²

3.  Perfection of Appeal

1. Rules 41 (Appeal from the Regional Trial Courts), 42 (Petition for Review
from the Regional Trial Courts to the Court of Appeals) and Rule 45 (Appeal by
Certiorari to the Supreme Court), all of the 1997 Rules of Civil Procedure)
apply in conformity with Rule 72, section 2, which refers to the applicability
of the rules of civil actions to special proceedings and which provides that in
the absence of special provisions, the rules provided for in ordinary actions
shall be, as far as practicable, applicable in special proceedings.

2. Appeals in special proceedings are termed "multiple appeals"
under the Interim Rules of Court and under the 1997 Rules of Civil Procedure.
For multiple appeals, a record on appeal is required, while the period of
appeal is thirty (30) days, instead of fifteen (15) days.

4.  Advance Distribution

1. A part of the estate as may not be affected by the controversy or appeal,
may be distributed among the heirs or legatees, upon compliance with the
conditions set forth in Rule 90. ²⁷³

2. A partial distribution should as much as possible be discouraged by the
courts, and unless in extreme cases, such form of advances should not be
countenanced. ²⁷⁴

3. The reason for this strict rule is obvious — courts should guard with
utmost zeal and jealousy the estate of the decedent to the end that the
creditors thereof be adequately protected and all the rightful heirs assured of
their shares in the inheritance. 275