This case has been cited 1 times or more.
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2014-08-13 |
PERLAS-BERNABE, J. |
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| The Court likewise rejects the belated claim of res judicata anchored on the dismissal of the petition for certiorari in G.R. No. 127995 filed by Domingo as per its Resolution dated April 28, 1997, which became final and executory on June 16, 1997.[43] As the records disclose, petitioners never raised this issue in the appeal in CA-G.R. CV No. 54912 before the CA, and even in the subsequent proceedings before the RTC and the CA in CA-G.R. CV No. 92765.[44] Settled is the rule that points of law, theories, issues and arguments not brought to the attention of the lower court need not be considered by a reviewing court, as they cannot be raised for the first time at that late stage. Basic considerations of fairness and due process impel this rule.[45] | |||||