This case has been cited 1 times or more.
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2016-01-13 |
SERENO, C.J. |
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| Equally important is the fact that petitioners failed to include the issue over Exhibit "L" in any of the Memoranda they filed with us. The omission is fatal. Issues raised in previous pleadings but not included in the memorandum are deemed waived or abandoned (A.M. No. 99-2-04-SC). As they are "a summation of the parties' previous pleadings, the memoranda alone may be considered by the Court in deciding or resolving the petition."[85] Thus, even as the issue was raised in the Petition, the Court may not consider it in resolving the case on the ground of failure of petitioners to include the issue in the Memorandum. They have either waived or abandoned it. | |||||