MARCIANO ARGUELLES, AS ADMINISTRATOR OF THE ESTATE OF GREGORIO AGUILERA, DECEASED, AND GREGORIO. AGUILERA AND OTHER HEIRS, APPELLANTS, VS. JOSE T. PATERNO, CREDITOR AND APPELLEE.

This is a motion to be permitted to annex to the appellee’s brief a certified
typewritten copy of an order made in the above-entitled proceedings for the
purpose of using it as a part of the record on the determination of the
appeal.

The moving party says in his petition:

“I. That the appellee on page 6 of his brief expressed his desire to annex to
said brief and make a part thereof a certified copy of certain proceedings in
the court below which, although they are not printed as a part of the record in
this case, are necessary to the complete and proper understanding of the
case.

“II. That having obtained the said certified copy the appellee presents his
brief with certified copies of said proceedings annexed thereto.

“For the reasons expressed the appellee prays the Supreme Court that said
certified copy be received, accepted, and considered as a part of the record in
the case.”

If this motion were granted it would result in presenting to this court for
consideration on appeals in special proceedings typewritten parts of the record
made in the court below. Rule 16 of the Supreme Court provides:

“In appeals in special proceedings the appellant shall within twenty days
after the return is filed in this court file with the clerk a statement of the
errors on which he intends to rely and of the parts of the record which he
thinks necessary for the consideration thereof and forthwith serve on the
adverse party a copy of such statement. The adverse party within twenty days
thereafter may designate in writing additional parts of the record which he
thinks material, and if he shall not do so he shall be held to have consented to
a hearing of the parts designated by the appellant. The clerk shall at once make
an estimate of the expense of printing twenty-five copies of the parts so
indicated and notify the appellant thereof. The appellant shall within the time
fixed by Rule 13 after the date of such notice deposit with the clerk the
estimated expense thereof; the clerk shall thereupon prepare only such parts as
have been so designated, and the court will consider nothing but those parts of
the record and the errors so stated.”

If this motion were granted, it would nullify this rule, for the parties
would be authorized to leave the record unprinted and to annex to their briefs
certified typewritten copies of such portions of the record as they desired to
present to this court. They would thus relieve themselves of the necessity of
printing the record as required by the rule set forth. This cannot be permitted.
The court will consider on appeals in special proceedings nothing which has not
been made a part of the printed record. If, after the printed record is made up,
it is desired to add anything thereto, and the party wishing to make such
addition has legal grounds therefor, a motion can be made to that end, which
motion will be given such consideration as the facts demand.

We have recently held in the case of the Bank of the Philippine Islands
vs. Estate of Carranceja (27 Phil. Rep., 500), promulgated August 15,
1914, that in an appeal in special proceedings an order made by the lower court
which was not made part of the record on appeal in the manner required by the
rules would not be considered by this court.

The motion is denied.

Arellano, C. J., Torres, Johnson, Carson, and Araullo, JJ.,
concur.