1. APPEAL AND ERROR; FORM OF APPEAL BOND. — Section 5 of Rule 41 of the Rules of Court does not prescribe special form for appeal bond. It only requires that the same be for the amount of Sixty Pesos, "conditioned for the payment of costs which the appellate court may award against the appellant. An appeal bond duly subscribed by two persons in said amount complies substantially with the provision of law.

2. ID.; APPROVAL OF RECORD ON APPEAL IMPLIES APPROVAL OF BOND. — Where the court approved the record on appeal, the appeal bond which was seasonably filed was, likewise, impliedly approved. If the appeal bond filed in one time, is defective, justice demands that the appellant be given an opportunity to cure its defect by filing another bond which should not be considered a new bond but merely a correction of the original bond.

This is a petition for the annulment of the order of the respondent judge dated January 10, 1956, whereby the appeal interposed by Maria Javier Cruz and Jose Ma. Cruz, petitioners herein, in Case No. 1397, G.L.R.O. Record Nos. 875, 917 and 699 of the court of first instance of Rizal, was dismissed on the ground that the same was not perfected within the period of time prescribed by law.

The record discloses that on July 15, 1955, respondent Evangelino Laserna filed with the court of first instance of Rizal in G.L.R.O. Record Nos. 875, 917 and 699, a petition wherein he prayed that "the title and ownership over the property described in Transfer Certificate of Title No. 41100 of the land records in that province in the names of Maria Javier Cruz and Jose Maria Cruz, be declared consolidated absolutely in his favor, and that inasmuch as the order of the court of first instance of Rizal dated January 7, 1950, by virtue of which Transfer Certificates of Title Nos. 20593 in the name of respondent Laserna and 20958 in the name of José M. League were issued, was subsequently vacated and set aside in the decision of the Court of Appeals of April 22, 1955, in CA-G. R. No. 9882-R, that these last two titles be cancelled and a new one issued in the name of José M. League who purchased the same from Laserna." Petitioners herein opposed Laserna’s petition alleging that, under the provisions of Art. 1606 of the new Civil Code, they, as vendors a retro, are granted the right to repurchase the property within 30 days from the time final judgment was rendered against them by the Court of Appeals; that the decision of the appellate court became final and executory only on July 20, 1955, and, therefore, the petition for consolidation of ownership is premature by reason of the fact that herein petitioners may still exercise their right of redemption.

On August 6, 1955, respondent judge granted Laserna’s petition and ordered the Register of Deeds of Rizal to cancel said Transfer Certificate of Title No. 41100 and to issue, in lieu thereof, a new Transfer Certificate in the name of respondent Laserna, and that this new title to be issued to Laserna be also cancelled and another one be issued in the name of José M. League, upon the payment of the corresponding fees. Thereafter, petitioners herein filed a motion for reconsideration of the order, insisting in their theory that Article 1606 of the new Civil Code was applicable to the case; but the respondent judge denied it for lack of merit. Petitioners then filed on time a notice of appeal, appeal bond and record on appeal, and served copies thereof to respondent Laserna.

The record on appeal was not immediately approved, for the respondent judge ordered its correction, but on December 12, 1955, the same was allowed and the clerk of court was directed to certify and elevate it to the Court of Appeals within the time prescribed by the Rules of Court. However, five days later, that is to say, on December 17, 1955, respondent judge ordered the disapproval of the appeal bond after discovering, according to him, that "the same consisted merely in the signatures of two lawyers." The bond which has been duly notarized by Floren V. Abr