This case has been cited 1 times or more.
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2012-12-05 |
PEREZ, J. |
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| Petitioner's belated reliance on breach of contract as her cause of action cannot be sanctioned by this Court. Well-settled is the rule that a party is not allowed to change the theory of the case or the cause of action on appeal. Matters, theories or arguments not submitted before the trial court cannot be considered for the first time on appeal or certiorari.[72] When a party adopts a certain theory in the court below, he will not be permitted to change his theory on appeal for to permit him to do so would not only be unfair to the other party but it would also be offensive to the basic rules of fair play, justice and due process.[73] Hence, a party is bound by the theory he adopts and by the cause of action he stands on and cannot be permitted after having lost thereon to repudiate his theory and cause of action and adopt another and seek to re-litigate the matter anew either in the same forum or on appeal.[74] | |||||