FACTS:

Plaintiff Felipe G. Calderon filed an original action of mandamus against defendant Jose McMicking, the clerk of the Court of First Instance of Manila. Calderon sought to compel McMicking to send to the Supreme Court parts of the record of the special proceeding for the settlement of the estate of Francisca Hilario, from which Calderon claimed to have duly appealed two orders:

1. An order dated September 26, 1904, directing Calderon to pay P10,514.14 into court. Calderon alleged he appealed from this order on September 30, 1904, but there was no allegation that he gave the bond required by the Code of Civil Procedure for appeals from orders in special proceedings.
2. An order dated October 3, 1904, which adjudged Calderon in contempt for failing to comply with the September 26 order and ordered his imprisonment until he complied. Calderon alleged he appealed from this order and gave a P10,000 bond, which was approved by the judge.

The defendant demurred to the complaint, arguing that the appeals were not perfected or that the procedure for review was incorrect.

ISSUE:

1. Was the appeal from the September 26, 1904 order perfected, thus obligating the clerk to transmit the record?
2. Was the appeal from the October 3, 1904 contempt order perfected, and can such an order, issued in a special proceeding, be appealed before a final judgment in the main case by means other than a bill of exceptions?

RULING:

1. Regarding the September 26, 1904 order: The complaint failed to state a cause of action. The appeal from an order made in a special proceeding relating to the estate of a deceased person requires the filing of a bond. Since the complaint did not allege that Calderon gave such a bond, his appeal was not perfected, and the clerk was under no obligation to send the record to the Supreme Court.
2. Regarding the October 3, 1904 contempt order: The complaint stated a cause of action, and the appeal was properly perfected.
The Court held that filing a written statement of appeal and a bond, as provided in Section 779 of the Code of Civil Procedure, perfects an appeal in a special proceeding. Section 780, requiring an appeal to be “allowed,” does not necessitate a separate order of the court to approve the appeal.
The Court further ruled that the last sentence of Section 240 of the Code of Civil Procedure, which states that contempt judgments and orders are reviewed “only after final judgment in the action… by bill of exceptions,” does not apply to contempt orders made in special proceedings. Unlike ordinary actions which require a final judgment to end the litigation, final orders in special proceedings (including contempt orders) can be appealed before the entire special proceeding is finally determined.
* Thus, the appeal from the contempt order was perfected and could be reviewed by the Supreme Court at that stage.

The demurrer was therefore overruled as to the part of the complaint relating to the October 3, 1904 order, and the defendant was given ten days to file an answer.

G.R. No. L-4469, FELIPE G. CALDERON, plaintiff, vs. JOSE MCMICKING, clerk of the Court of First Instance of Manila, defendant., February 29, 1908.