Appointment of estate administrator is interlocutory order; remedy is Rule 65 certiorari, not ordinary appeal - G.R. No. 193161

G.R. No. 193161 (click link)

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In Philippine Business Bank v. Chua,[20] the Court stated what an interlocutory order is:

Conversely, an order that does not finally dispose of the case, and does not end the Court’s task of adjudicating the parties’ contentions and determining their rights and liabilities as regards each other, but obviously indicates that other things remain to be done by the Court, is “interlocutory”, e.g., an order denying a motion to dismiss under Rule 16 of the Rules x x x. Unlike a final judgment or order, which is appealable, as above pointed out, an interlocutory order may not be questioned on appeal except only as part of an appeal that may eventually be taken from the final judgment rendered in the case.

The Court has considered an appointment of a special administrator as an interlocutory or preliminary order to the main case for the grant of letters of administration in a testate or intestate proceeding. In Ocampo v. Ocampo,[21] the Court succinctly held, “The appointment or removal of special administrators, being discretionary, is thus interlocutory and may be assailed through a petition for certiorari under Rule 65 of the Rules of Court.”

With such categorical ruling of the Court, the Order dated November 4, 2002 is clearly an interlocutory order. As such, the order cannot be the subject of an appeal under Rule 45 of the Rules of Court as argued by petitioner. The proper remedy is the filing of a Petition for Certiorari under Rule 65. Thus, Section 1(c) of Rule 41 states:

Section 1. Subject of appeal.

An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable.

No appeal may be taken from:

x x x x

(c) An interlocutory order;

x x x x

In all the above instances where the judgment or final order is not appealable, the aggrieved party may file an appropriate special civil action under Rule 65.

Verily, respondents made use of the proper mode of review by filing a petition for certiorari under Rule 65 with the CA. Respondents filed the petition well within the prescribed period under this rule.

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