APPEAL

Category: Land Titles And Deeds

APPEAL

NO APPEAL MAY BE TAKEN FROM THE FOLLOWING

1. Order denying a motion for new trial or reconsideration
2. Order denying a petition for relief or any similar motion seeking relief from judgment
3. Interlocutory order
4. Order disallowing or dismissing an appeal
5. Order denying a motion to set aside a judgment by consider, confession, or compromise on the ground of F/M/D or any ground vitiating consent
6. Order of execution
7. Judgment or final order for or against parties in separate claims, counter-claims, crossclaims, and 3rd party complaints—main case is pending
8. Order dismissing an action without prejudice

MODES OF APPEAL

1. Ordinary appeal
2. Petition for review
3. Petition for certiorari

PETITION OF ORDINARY APPEAL

> Within 15 days from notice of judgment or final order appealed from
> When a record of appeal is required, within 30 days from notice of judgment or final order
> Period of appeal shall be interrupted by a firmly motion for new trial or reconsideration
> In the above case, there would be a “fresh 15 days”

PERFECTION OF APPEAL

> Filing of the notice of appeal in due time
> Record of appeal—approved of the record in due time

COURTS MAY REOPEN PROCEEDINGS ALREADY CLOSED BY FINAL DECISION OR DECREE when application for review is filed by the party aggrieved within 1 year from the issuance of the decree.

WITH REGARD TO ISSUANCE OF FREE PATENT, the date of issuance of patent is equivalent to the date of issuance of the decree of registration.