Sunday, February 05, 2012

Augusto vs. Risos

Facts: Felisa Augusto and her siblings, all married were the co-owners of a parcel of land. They sold the property to Guillermo Omolon by way of a deed of absolute sale. It was registered in the Office of the city assessor.

 In the meantime, the property was registered in the property was registered under the names of Monico, Felisa, Jose, Filomeno, Teofilo and Sinfroso, all surnamed Augusto.

Omolon died intestate and was survived by his wife.Cleofe Omolon filed a petition to reconstitute the certificate of title of the said lot. The court granted it. Upon presentation of the order to the register of deeds, she was informed that the title had already been issued to Ruben Augusto herein petitioner.

She filed an action for the delivery of the title, which the court granted. The respondents file a motion for partial consideration which the court denied alleging that the order was interlocutory and not appealable. CA affirmed.

Issue: Whether the order is appealable.

Held: Sec. 1 rule 41, only a final order can be appealed, and not 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. 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 this case the order of the court for petitioners to produce the OCT for the annotation of respondents interest is merely interlocutory and not appealable.

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