Thursday, April 9, 2009

AUGUSTO V. RISOS (REMEDIAL)


Section 1, Rule 41 of the Rules of Court provides that an APPEAL may be taken only from a final order, and not from an interlocutory one.

A FINAL ORDER is one which disposes of the whole subject matter or terminates a particular proceeding or action, leaving nothing to be done but to enforce by execution what has been determined. An order or judgment is deemed final if it finally disposes of, adjudicates, or determines the rights of the parties, either on the entire controversy or on some definite and separate branch thereof, and concludes them until it is reversed or set aside.

Where no issue is left for future consideration, except the fact of compliance with the terms of the order, such order is final and appealable. In contrast, an order is interlocutory if it does not dispose of the case.

In this case, the order of the public respondent directing the petitioners to produce the owner's copy of the OCT in the Office of the RD for the annotation of the private respondent's interest over the property is merely interlocutory and not final; hence, not appealable by means of a writ of error.

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