GR 9748; (September, 1914) (Digest)
G.R. No. 9748 ; September 23, 1914
MARCIANO ARGUELLES, as administrator of the estate of Gregorio Aguilera, deceased, and GREGORIO AGUILERA and other heirs, appellants, vs. JOSE T. PATERNO, creditor-appellee.
FACTS:
This is a motion filed by the appellee, Jose T. Paterno, seeking permission to annex to his brief a certified typewritten copy of an order issued by the lower court in the special proceedings for the settlement of the estate of Gregorio Aguilera. The appellee argued that this document, although not printed as part of the record on appeal, was necessary for the complete and proper understanding of the case. The appellants opposed the motion.
ISSUE:
Whether the Supreme Court may allow the appellee to annex to his brief and consider as part of the record on appeal a certified typewritten copy of a lower court order that was not printed and included in the record pursuant to the rules governing appeals in special proceedings.
RULING:
The Supreme Court DENIED the motion. The Court held that Rule 16 of the Supreme Court governs appeals in special proceedings. This rule requires the appellant to designate the parts of the record necessary for the appeal, after which the adverse party may designate additional parts. Only those parts so designated shall be printed by the clerk, and the Court will consider nothing but those printed parts and the errors stated. Allowing a party to annex typewritten copies of record portions to their brief would nullify this rule, as it would relieve the parties of the obligation to have the record printed as required. The Court reiterated its recent ruling in Bank of the Philippine Islands vs. Estate of Carranceja (27 Phil. Rep., 500), which held that an order not made part of the printed record on appeal in the manner required by the rules would not be considered. If a party wishes to add something to the printed record after it is made up, a proper motion must be filed, which will be considered on its merits.
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