This case has been cited 1 times or more.
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2011-02-09 |
BERSAMIN, J. |
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| Indeed, the settled rule in this jurisdiction, according to Mon v. Court of Appeals,[34] is that a party cannot change his theory of the case or his cause of action on appeal. This rule affirms that "courts of justice have no jurisdiction or power to decide a question not in issue." Thus, a judgment that goes beyond the issues and purports to adjudicate something on which the court did not hear the parties is not only irregular but also extrajudicial and invalid.[35] The legal theory under which the controversy was heard and decided in the trial court should be the same theory under which the review on appeal is conducted. Otherwise, prejudice will result to the adverse party. We stress that points of law, theories, issues, and arguments not adequately brought to the attention of the lower court will not be ordinarily considered by a reviewing court, inasmuch as they cannot be raised for the first time on appeal.[36] This would be offensive to the basic rules of fair play, justice, and due process.[37] | |||||