This case has been cited 1 times or more.
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2013-06-05 |
PERLAS-BERNABE, J. |
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| Settled is the rule that a party who adopts a certain theory upon which the case is tried and decided by the lower courts or tribunals will not be permitted to change his theory on appeal,[30] not because of the strict application of procedural rules, but as a matter of fairness.[31] Basic considerations of due process dictate that theories, issues and arguments not brought to the attention of the trial court would not ordinarily be considered by a reviewing court,[32] except when their factual bases would not require presentation of any further evidence by the adverse party in order to enable him to properly meet the issue raised,[33] such as when the factual bases of such novel theory, issue or argument is (a) subject of judicial notice; or (b) had already been judicially admitted,[34] which do not obtain in this case. | |||||