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JESUS CUENCO v. VS.TALISAY TOURIST SPORTS COMPLEX

This case has been cited 2 times or more.

2011-06-06
DEL CASTILLO, J.
"Well-settled is the rule that issues or grounds not raised below cannot be resolved on review by the Supreme Court, for to allow the parties to raise new issues is antithetical to the sporting idea of fair play, justice and due process.  Issues not raised during the trial cannot be raised for the first time on appeal and more especially on motion for reconsideration.  Litigation must end at some point; once the case is finally adjudged, the parties must learn to accept victory or defeat." [57] Finally, we wish to reiterate our discussion above that a second motion for reconsideration is a prohibited pleading and that the instant Decision had already attained finality hence it is already immutable.
2011-04-04
DEL CASTILLO, J.
Neither was this issue raised on appeal.[53] Basic is the rule that "issues or grounds not raised below cannot be resolved on review by the Supreme Court, for to allow the parties to raise new issues is antithetical to the sporting idea of fair play, justice and due process."[54]