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LOLITA R. AYSON v. MARINA ENRIQUEZ VDA. DE CARPIO

This case has been cited 3 times or more.

	GR No. 187640 2011-06-15	PHILIPPINE NATIONAL BANK v. SPS. ANGELITO PEREZ AND JOCELYN PEREZ VELASCO JR., J.
Furthermore, it is settled that matters not raised in the trial court or lower courts cannot be raised for the first time on appeal. "They must be raised seasonably in the proceedings before the lower courts. Questions raised on appeal must be within the issues framed by the parties; consequently, issues not raised before the trial court cannot be raised for the first time on appeal." [44] Spouses Perez never raised this issue before the CA. Hence, they cannot raise it before this Court now.
	GR NO. 146120 2006-01-27	DEPARTMENT OF HEALTH v. HTMC ENGINEERS COMPANY CHICO-NAZARIO, J.
Lastly, in its Memorandum, petitioner assails, for the first time, the validity of the consultancy agreements for the alleged failure of respondent to include in the contracts a certification of availability of funds as required under existing laws. However, at this late a stage in the proceedings, said issue not having been raised before the CIAC nor the Court of Appeals, fair play, justice and due process dictate that this Court cannot now, for the first time on appeal, pass upon this question.[14] They must be raised seasonably in the proceedings before the lower court.[15] Questions raised on appeal must be within the issues framed by the parties; consequently, issues not raised before the trial court cannot be raised for the first time on appeal.[16]
	GR NO. 142408 2005-09-30	SPS. RICARDO ALMENDRALA AND ROSARIO DOROJA v. SPS. WING ON NGO AND LILY T. NGO AUSTRIA-MARTINEZ, J.
Admittedly, the failure of the Almendrala spouses to plead in the complaint that the Ngo spouses bought the lot for speculation does not forestall relief under Article 1622 if they offered sufficient evidence to support their claim thereon. As provided for in Section 5,[36] Rule 10 of the Rules of Court, when issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects, as if they had been raised in the pleadings. Thus, even if the complaint be defective, but the parties go to trial thereon, and the plaintiff, without objection, introduces sufficient evidence to constitute the particular cause of action which it intended to allege in the original complaint, and the defendant voluntarily produces witnesses to meet the cause of action thus established, an issue is joined as fully and as effectively as if it had been previously joined by the most perfect pleadings.[37]