Remedy to Unappealable Cases

Question 1

From Section 1, Rule 41 (Appeal from the Regional Trial Courts), what are the seven (7) instances wherein no appeal may be taken?

Answer 1

No appeal may be taken from:
(1) An order denying a petition for relief or any similar motion seeking relief from judgment;
(2) An interlocutory order;
(3) An order disallowing or dismissing an appeal;
(4) An order denying a motion to set aside a judgment by consent, confession, or compromise on the ground of fraud, mistake, or duress, or any other ground vitiating consent;
(5) An order of execution;
(6) A judgment or final order for or against one or more several parties or in separate claims, counterclaims, cross-claims, and third-party complaints, while the main case is pending unless the court allows an appeal therefrom; and
(7) An order dismissing an action without prejudice.

Question 2

For the unappealable cases/circumstances in Section 1, Rule 41 (Appeal from the Regional Trial Courts), what is the remedy available?

Answer 2

The remedy available is the filing of an appropriate special civil action as provided in Rule 65.