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DEVELOPMENT BANK OF PHILIPPINES v. ROMEO TESTON

This case has been cited 3 times or more.

2014-01-15
DEL CASTILLO, J.
It is settled that courts cannot grant a relief not prayed for in the pleadings or in excess of what is being sought by the party. x x x Due process considerations require that judgments must conform to and be supported by the pleadings and evidence presented in court.  In Development Bank of the Philippines v. Teston,[86] this Court expounded that:Due process considerations justify this requirement. It is improper to enter an order which exceeds the scope of relief sought by the pleadings, absent notice which affords the opposing party an opportunity to be heard with respect to the proposed relief. The fundamental purpose of the requirement that allegations of a complaint must provide the measure of recovery is to prevent surprise to the defendant.[87]
2013-01-07
DEL CASTILLO, J.
It is settled that courts cannot grant a relief not prayed for in the pleadings or in excess of what is being sought by the party.  They cannot also grant a relief without first ascertaining the evidence presented in support thereof.  Due process considerations require that judgments must conform to and be supported by the pleadings and evidence presented in court.  In Development Bank of the Philippines v. Teston,[36] this Court expounded that: Due process considerations justify this requirement.  It is improper to enter an order which exceeds the scope of relief sought by the pleadings, absent notice which affords the opposing party an opportunity to be heard with respect to the proposed relief. The fundamental purpose of the requirement that allegations of a complaint must provide the measure of recovery is to prevent surprise to the defendant.
2010-11-17
VELASCO JR., J.
Due process considerations justify this requirement. It is improper to enter an order which exceeds the scope of relief sought by the pleadings, absent notice which affords the opportunity to be heard with respect to the proposed relief. The fundamental purpose of the requirement that allegations of a complaint must provide the measure of recovery is to prevent surprise to the defendant.[24] (Emphasis supplied.)