This case has been cited 2 times or more.
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2015-09-02 |
BRION, J. |
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| The second issue is a new issue that was not raised before the RTC or the CA. It is a settled rule that no questions will be entertained on appeal unless it has been raised in the lower court. Points of law, theories, issues, and arguments not brought to the attention of the lower court need not be, and ordinarily will not be considered by a reviewing court, as they cannot be raised for the first time at that late stage.[6] | |||||
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2013-06-19 |
PERLAS-BERNABE, J. |
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| At the outset, it bears to note that the second and fourth issues were not raised by petitioner in its opposition to respondents' motion for summary judgment[39] but only in its motion for reconsideration from the RTC's Order dated November 27, 2007.[40] It has been consistently held that appellate courts are precluded from entertaining matters neither alleged nor raised during the proceedings below, but ventilated for the first time only in a motion for reconsideration or on appeal.[41] Thus, while these issues may be classified as questions of fact since their resolution would require an evaluation of the evidence on record, the CA was precluded from considering the same. Consequently, only the first and third issues were left for its determination. | |||||