Arguelles v. Paterno
REITERATIONFacts
The Antecedents: This case involves an appeal concerning the estate of Gregorio Aguilera. Procedural History: The appellee, Jose T. Paterno, filed a motion seeking permission to annex a certified typewritten copy of an order made in the lower court proceedings to his brief. This order was not part of the printed record on appeal. The Petition: The appellee contended that the unprinted order was necessary for a complete understanding of the case and prayed that it be received, accepted, and considered as part of the record.
Issue(s)
Whether a typewritten copy of an order, not included in the printed record on appeal, can be annexed to an appellee's brief and considered by the Supreme Court in an appeal in special proceedings.
Ruling
The motion is denied. The Supreme Court will not consider any part of the record in special proceedings that has not been printed as required by the rules.
Ratio Decidendi
On the issue of annexing unprinted records: The Court held that granting the motion would nullify Rule 16 of the Supreme Court. This rule mandates that in appeals in special proceedings, only the parts of the record designated for printing and subsequently printed shall be considered by the Court. Allowing the annexation of typewritten copies would permit parties to avoid the necessity of printing the record as required by the rules. The Court reiterated its stance that it will consider nothing on appeal in special proceedings which has not been made a part of the printed record. If there are grounds to add to the printed record after it has been made up, a formal motion must be filed for such purpose. The Court cited its previous ruling in Bank of the Philippine Islands vs. Estate of Carranceja (27 Phil. Rep., 500) where it held that an order not made part of the record on appeal in the manner required by the rules would not be considered.
Main Doctrine
The Supreme Court will consider nothing on appeal in special proceedings which has not been made part of the printed record as required by the rules. Parties cannot annex typewritten copies of portions of the record to their briefs to circumvent the printing requirement.