G.R. No. 6706 , September 1, 1911
FERNANDO MAPA, as Administrator of the Testamentary Estate of Julian Montilla, plaintiff-appellant, vs. MARIA DEL PILAR CHAVES, defendant-appellee.

FACTS

Fernando Mapa, as administrator of the estate of Julian Montilla, appealed a decision from the lower court. The record on appeal was defective because the transcript of the stenographic notes did not include the testimony of several witnesses from one hearing. Both appellant’s and appellee’s counsel refused to proceed with the imperfect record. Appellant moved for a new trial, alleging that despite due diligence, he could not obtain a certified transcript because the official stenographer who took the notes had left the service and his whereabouts were unknown. Appellee moved to dismiss the appeal for failure to perfect the record within the prescribed time, as extended by stipulation.

ISSUE

Whether the appeal should be dismissed due to an incomplete record, or whether a new trial should be granted due to the appellant’s inability to complete the record through no fault of his own.

RULING

The Supreme Court denied both motions provisionally and issued specific directives to address the defective record. The Court held that when an appellant, without fault, cannot perfect the record due to circumstances beyond his control (such as the unavailability of the stenographer), the Court may assist in procuring the evidence or grant a new trial. However, since appellant admitted possession of an uncertified copy of the missing testimony, the Court ordered him to file that copy, certify its origin and accuracy, and furnish it to appellee. Appellee was then to inform the Court whether she accepted it as a true copy. Depending on the outcome and a showing of appellant’s diligence, the Court would either grant a new trial or decide the appeal solely on questions of law, treating the record as if no motion for a new trial on the evidence had been filed. The clerk of the Court of First Instance was also directed to submit a statement on the delay and the stenographer’s whereabouts.