This case has been cited 1 times or more.
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2002-10-29 |
QUISUMBING, J. |
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| tried and decided upon that theory in the court below, he will not be permitted to change his theory on appeal.[18] Where the case was tried by the lower court and the parties on a certain theory, it will be reviewed and decided on that theory, insofar as the pleadings, liberally construed, permit, and not be approached from a different point of view.[19] Petitioner is bound by the theory behind her arguments before the RTC and CA that the case is properly an accion publiciana as the cause of action arises from the termination of possession by mere tolerance. Her assertion now that the issue involves the determination | |||||