Scribd Logo
Upload

Welcome to Scribd!

  • Carolina Carlina Vda de Figuracion Et Al V Emilia Figuracion-Gerilla GR No 151334 February 13nbsp2013

    Uploaded by

    Geds D
    15 views1 page
    The Supreme Court ruled that defenses not raised in the original answer cannot be brought up for the first time on appeal, as this would be unfair to the adverse party who would have no opportunity to present further relevant evidence. However, the Court also noted that a new theory can be raised on appeal if the factual basis would not require any additional evidence from the adverse party to address the new issue. The case discusses these principles regarding when new issues and defenses can or cannot be introduced for the first time on appeal.

    Original Description:

    bjkbj

    Original Title

    Ibpmakatilegaleducation.wordpress.com-carolina Carlina Vda de Figuracion Et Al v Emilia Figuracion-gerilla Gr No 151334 February 13nbsp2013

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The Supreme Court ruled that defenses not raised in the original answer cannot be brought up for the first time on appeal, as this would be unfair to the adverse party who would have no opportunity to present further relevant evidence. However, the Court also noted that a new theory can be raised on appeal if the factual basis would not require any additional evidence from the adverse party to address the new issue. The case discusses these principles regarding when new issues and defenses can or cannot be introduced for the first time on appeal.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    15 views1 page

    Carolina Carlina Vda de Figuracion Et Al V Emilia Figuracion-Gerilla GR No 151334 February 13nbsp2013

    Uploaded by

    Geds D
    The Supreme Court ruled that defenses not raised in the original answer cannot be brought up for the first time on appeal, as this would be unfair to the adverse party who would have no opportunity to present further relevant evidence. However, the Court also noted that a new theory can be raised on appeal if the factual basis would not require any additional evidence from the adverse party to address the new issue. The case discusses these principles regarding when new issues and defenses can or cannot be introduced for the first time on appeal.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    CAROLINA (CARLINA) VDA. DE FIGURACION, ET. AL. v.

    EMILIA FIGURACION-GERILLA, G.R. No. 151334, February


    13, 2013
    ibpmakatilegaleducation.wordpress.com /2013/07/03/carolina-carlina-vda-de-figuracion-et-al-v-emilia-
    figuracion-gerilla-g-r-no-151334-february-13-2013/
    7/3/2013

    Remedial law; Defenses not pleaded in the answer may not be raised for the first time on appeal. Fortifying the rule,
    the Court had repeatedly emphasized that defenses not pleaded in the answer may not be raised for the first time on
    appeal. When a party deliberately adopts a certain theory and the case is decided upon that theory in the court
    below, he will not be permitted to change the same on appeal, because to permit him to do so would be unfair to the
    adverse party. The Court had likewise, innumerous times, affirmed that 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 these cannot be raised for the first time at such late stage. Basic considerations of due process
    underlie this rule. It would be unfair to the adverse party who would have no opportunity to present further evidence
    material to the new theory, which it could have done had it been aware of it at the time of the hearing before the trial
    court.

    However, the Supreme Court also ruled that a party may change his theory on appeal when the factual bases
    thereof would not require presentation of any further evidence by the adverse party in order to enable it to properly
    meet the issue raised in the new theory.

    Full text here.

    Advertisements

    1/1

    You might also like