An appeal from allowance or disallowance of claim.
SEC. 773. An appeal from allowance or disallowance of claim. — Any executor or administrator may appeal to the Court of First Instance from the allowance of any claim against the estate by the committee appointed for the purpose of allowing claims against the estate of deceased persons, or from the disallowance, in whole or in part, of any offset presented by the executor or administrator to such claim; any creditor may appeal to the Court of First Instance from the disallowance of the whole or any part of his claim by such committee, or the allowance of the whole or a party of any claim in offset to his claim against the estate by such committee.
If administrator does not appeal, heir or creditor may.
SEC. 774. If administrator does not appeal, heir or creditor may. — If the executor or administrator does not appeal from the allowance of any claim against the estate by the committee, or the disallowance in whole or in part by it of any offset in behalf of the estate against such claim, any heir or creditor may appeal to the Court of First Instance from such allowance or disallowance, and prosecute the appeal in the name of the executor or administrator, upon filing in court a bond to the administrator or executor, to be approved by the court, conditioned that he will prosecute the appeal to effect, and indemnify the administrator or executor against all costs and expenses, by reason of the appeal, and will likewise pay to the claimant such costs as may be ultimately awarded to him by reason of such appeal. The bond shall be available for such claimant as well as for the executor or administrator.
Perfecting appeal.
SEC. 775. Perfecting appeal. — The appeal provided in the two preceding sections shall be perfected by filing with the clerk of the Court of First Instance that has jurisdiction of the estate, within twenty-five days after the committee's report is filed therein, a statement that the person so appealing is dissatisfied with the action of the committee in respect to the items complained of, and appeals therefrom to the court.
Proceedings in Court of First Instance on such appeal.
SEC. 776. Proceedings in Court of First Instance on such appeal. — Upon the lodging of such appeal with the clerk, the disputed claim shall stand for trial in the same manner as any other action in the Court of First Instance, the creditor being deemed to be the plaintiff, and the estate the defendant, and pleadings as in other actions shall be filed.
Supreme Court to have final jurisdiction.
SEC. 777. Supreme Court to have final jurisdiction. — The Supreme Court shall have final jurisdiction of actions named in the last preceding section, by bills of exception, as in other actions. Its final determination shall be certified to the Court of First Instance as in other actions, and shall determine the amount of the claim or offset.
Appeal from settlement of account of administrator, executor, trustee, or guardian.
SEC. 778. Appeal from settlement of account of administrator, executor, trustee, or guardian. — Any person legally interested in a final order, or decree, or judgment of a Court of First Instance settling the account of an executor, administrator, trustee, or guardian, may appeal from such order, decree, or judgment, to the Supreme Court, and such appeals shall be heard by the Supreme Court in the manner provided in this Code. All items of the account shall be open on the appeal. The decision of the Supreme Court thereon shall be final.
Method of perfecting such appeal.
SEC. 779. Method of perfecting such appeal. — The person thus appealing shall perfect his appeal within twenty-one days after the entry of the order, decree, or judgment by the Court of First Instance, by filing with the clerk of that court a statement in writing that he appeals to the Supreme Court from such order, decree, or judgment. The clerk shall thereupon transmit to the Supreme Court a certified transcript of the account embraced in the order, decree, or judgment, and of the order, decree, or judgment appealed from, and of the appeal.
Bond for appeal.
SEC. 780. Bond for appeal. — Before an appeal is allowed the person appealing under the two preceding sections shall give a satisfactory bond to the court, conditioned that he will prosecute the appeal to effect and pay the intervening damages and costs occasioned by such appeal.
Appeal in case of allowance or disallowance of wills.
SEC. 781. Appeal in case of allowance or disallowance of wills. — Any person interested in the allowance or disallowance of a will by a Court of First Instance, may appeal to the Supreme Court from such allowance or disallowance, by filing with the Court of First Instance an application for an appeal, within twenty days after the entry of the judgment allowing or disallowing the will, and by the execution and filing of a bond such as is provided in the preceding section. Upon the filing of such appeal and bond, it shall be the duty of the clerk forthwith to transmit to the Supreme Court a certified copy of the will, and of all the evidence taken upon the trial, and of the judgment of the court thereon, and also the original will itself, in case any question of the handwriting is involved in the controversy. In case the original will is transmitted to the Supreme Court, the clerk of the Court of First Instance shall retain in his files a certified copy thereof.
Appeal from decree of distribution.
SEC. 782. Appeal from decree of distribution. — If there shall be a controversy before the Court of First Instance as to who the lawful heirs of the deceased person are, or as to the distributive share to which each person is entitled under the law, the testimony as to such controversy shall be taken in writing by the judge, under oath, and signed by the witnesses. Any party in interest whose distributive share is affected by the determination of such controversy, may appeal from the judgment of the Court of First Instance determining such controversy, to the Supreme Court, within the time and in the manner provided in the last preceding section, and it shall thereupon be the duty of the clerk of the Court of First instance forthwith to transmit to the Supreme Court, a certified copy of all the testimony taken upon that issue, and of the judgment of the court thereon.
Appeals allowed in other cases affecting settlement of estates.
SEC. 783. Appeals allowed in other cases affecting settlement of estates. — Any person legally interested in any other order, decree, or judgment of a Court of First Instance in the exercise of its jurisdiction in special proceedings in the settlement of the estates of deceased persons, or the administration of guardians and trustees, may appeal to the Supreme Court from such order, decree, or judgment, when such order, decree, or judgment constitutes a final determination of the rights of the parties so appealing, and the appeal shall be effected in the manner provided in the two preceding sections: Provided, That no appeal shall be allowed from the appointment of a special administrator.
PART III
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
