RP VS NASAIDA SUMERA NISHINA

RULE 109

FACTS:

Respondent, represented by her mother Zenaida, filed a verified petition

for cancellation of birth record and change of surname in the civil registry
of Malolos, Bulacan
Granted by the RTC
OSG filed a Notice of Appeal
Respondent filed a motion to dismiss before the CA, alleging that he
petitioner adopted a wrong mode of appeal. (it should be a record of
appeal)
Petition countered that record of appeal is required only in proceedings
where multiple appeals may arise, a situation not obtaining in the present
case.
CA dismissed the petitioners appeal (since it is a special proceeding,
notice of appeal and record of appeal should have been filed)
Hence the petition.

ISSUE:

HELD:

CHECK SECTION 1 OF RULE 109. (order or judgements from which appeal may be
taken)

Sec 1 of Rule 109 contemplates multiple appeals during the pendency of special
proceedings. A record of appeal in addition to the notice of appeal is thus
required to be filed as the original records of the case should remain in the trial
court to enable the rest of the case to proceed in the event that a separate and
distinct issue is resolved by said court and held to be final.

In the said case, filing of the record of appeal is not necessary since no other
matter remained to be heard and determined by the trial court after it issued the
appealed order granting respondents petition.