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RAMON J. FAROLAN v. CA

This case has been cited 1 times or more.

2016-01-13
SERENO, C.J.
The Court is aware that the foregoing is merely a general rule. Exceptions are written in case law. first, an issue of jurisdiction may be raised at any time, even on appeal, for as long as the exercise thereof will not result in a mockery of the demands of fair play;[92] second, in the interest of justice and at the sound discretion of the appellate court, a party may be allowed to change its legal theory on appeal, but only when the factual bases thereof would not require further presentation of evidence by the adverse party for the purpose of addressing the issue raised in the new theory;[93] and last, which is actually a bogus exception, is when the question falls within the issues raised at the trial court.[94]