Prescriptive period to appeal a case
"The land of my parents in Laguna has been the subject of a civil case for a long period of time. A person sued my parents, claiming the land my parents own in Laguna was sold to him. It appears that a decision from the regional trial court was rendered on the case sometime in 2005 and a writ of execution to turn over the possession of the land to the claimant was already issued. Can I still file an appeal as an heir of my parents since my parents are now old? I also checked the records of the case and I learned that my mother did not sign the supposed deed of sale. Can I still question the decision of the court on that ground?Amelia
Dear Amelia,First, if you are going to file an appeal or another case, such appeal or case would only be dismissed for lack of legal standing or legal capacity to sue. In order to have a legal standing or legal capacity to sue, a party must be a real party in interest.
You are not considered a real party in interest because your right to your parent’s property is merely inchoate. The property will only be transferred to you upon their death.Moreover, your parents can no longer file an appeal as such a move has gone beyond the 15-day period allowed by law. Hence, the decision of the regional trial court upholding the sale of the land in favor of the claimant is final and cannot be overturned.
And since your parents did not raise the issue of lack of consent of your mother to the sale, they cannot raise anymore this defense in a new case.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/
Please support us in writing articles like this by sharing this post
Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.
--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.
"Prescriptive period to appeal a case" was written by Mary under the Legal Advice category. It has been read 678 times and generated 0 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
|