This case has been cited 1 times or more.
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2005-11-23 |
AUSTRIA-MARTINEZ, J. |
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| The theory advanced by petitioner from the very beginning is that he is entitled to possession of the disputed property as the owner thereof because the property was transferred to him by virtue of an onerous donation made by respondents. Thus, petitioner's alleged right of possession is premised on his claim of ownership. He cannot change his theory when the case is on review, by presenting another theory that is inconsistent with his allegations during the proceedings below. Petitioner cannot contradict himself by saying first that respondents had agreed to transfer to him the ownership over the property, only to say later that what respondents granted to him was the right to possess the property. Petitioner is bound by the statements he made while the case was being heard in the lower courts. As held in Philippine Airlines, Inc. vs. NLRC,[6] to wit:... The rule is well-settled that points of law, theories, issues and arguments not adequately brought to the attention of the trial court need not be, and ordinarily will not be considered by a reviewing court as they cannot be raised for the first time on appeal because this would be offensive to the basic rules of fair play, justice and due process. ...[7] | |||||