This case has been cited 1 times or more.
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2010-11-15 |
CARPIO MORALES, J. |
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| The appellate court's reliance on Zayco v. Hinlo, Jr.[23] in denying petitioner's motion for reconsideration is misplaced. In Zayco which was a petition for letters of administration of a deceased person's estate, the decedent's children appealed the trial court's order appointing the grandson of the decedent as administrator of the estate. Their notice of appeal and record on appeal were denied due course by the trial court on the ground that the appealed order is interlocutory and not subject to appeal. But even if the appeal were proper, it was belatedly filed. On certiorari by the decedent's children, the appellate court sustained the trial court. On petition for review, this Court reversed the appellate court, holding that "[a]n order appointing an administrator of a deceased person's estate is a final determination of the rights of the parties in connection with the administration, management and settlement of the decedent's estate," hence, the order is "final" and "appealable."[24] The Court also held that the appeal was filed on time. | |||||