This case has been cited 1 times or more.
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2006-09-22 |
GARCIA, J. |
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| Private respondent SHAI's stance about the petitioner Republic being barred from raising the issue of inalienability since it failed to plead or assert the same at the pre-trial proceedings is, to a degree, correct. For the general rule, as articulated in Permanent Concrete Products, Inc. v. Teodoro,[27] is that the determination of issues at a pre-trial conference bars the consideration of others on appeal. It should be pointed out, however, that the rationale for such preliminary, albeit mandatory, conference is to isolate as far as possible the trial out of the realm of surprises and back-handed maneuverings. And lest it be overlooked, the adverted rule on the procedure to be observed in pre-trials is, as Bergano v. Court of Appeals[28] teaches, citing Gicano v. Gegato,[29] subject to exceptions. And without meaning to diminish the importance of the same rule, the Court is possessed with inherent power to suspend its own rules or to except a particular case from its operations whenever the demands of justice so require.[30] | |||||