G.R. No. L-1762; April 1, 1948
JOSE FUENTEBELLA, petitioner, vs. BUENAVENTURA OCAMPO, Judge of First Instance of Manila, Branch V, and ANTONIO CARRASCOSO, Jr., respondents.

FACTS

Respondent Antonio T. Carrascoso, Jr., plaintiff in a civil case where petitioner Jose Fuentebella was the defendant, filed a petition for the reconstitution of the case record destroyed during the 1945 liberation of Manila. The respondent judge granted the reconstitution. Petitioner Fuentebella filed a notice of appeal and a record on appeal from this reconstitution order. The respondent judge disapproved the record on appeal. Petitioner then filed this mandamus action to compel the judge to admit his appeal and certify the record on appeal.

ISSUE

Whether an order for the reconstitution of a destroyed court record is appealable.

RULING

No. The Supreme Court dismissed the petition for mandamus. It ruled that an order for reconstitution of a destroyed record is interlocutory in character and not appealable under Rule 41, section 2 of the Rules of Court. Any party aggrieved by such an order may raise the issue in an appeal taken from the final judgment in the main case.

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