This case has been cited 2 times or more.
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2012-10-11 |
PERALTA, J. |
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| The foregoing provision envisions two scenarios, namely, when evidence is introduced in an issue not alleged in the pleadings and no objection was interjected; and when evidence is offered on an issue not alleged in the pleadings but this time an objection was raised.[29] When the issue is tried without the objection of the parties, it should be treated in all respects as if it had been raised in the pleadings.[30] On the other hand, when there is an objection, the evidence may be admitted where its admission will not prejudice him.[31] | |||||
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2005-04-26 |
YNARES-SANTIAGO, J. |
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| There must be the validity of the new contract.[26] The elements of novation are patently lacking in the instant case. Mañalac tendered a check for P1,200,000.00 to PSBank for the release of 4 parcels of land covered by TCT Nos. N-36192, 36193, and 36194, under the loan account of the Galicias and 417012 (now TCT No. 79996) under the loan account of Mañalac. However, while the bank applied the tendered amount to the accounts as specified by Mañalac, it nevertheless refused to release the subject properties. Instead, it issued a receipt with a notation that the acceptance of the check is not a commitment on the part of the bank to release the 4 TCTs as requested by Mañalac. | |||||