This case has been cited 2 times or more.
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2009-08-14 |
BRION, J. |
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| Without doubt, the petitioners-defendants, having been belatedly served summons and brought into the case, were entitled to a pre-trial as ordained by Section 2, Rule 18 of the Rules of Court. Unless substantial prejudice is shown, however, the trial court's failure to schedule a case for new trial does not render the proceedings illegal or void ab initio.[26] Where, as in this case, the trial proceeded without any objection on the part of the petitioners-defendants by their failure to bring the matter to the attention of the RTC, the petitioners-defendants are deemed to have effectively forfeited a procedural right granted them under the Rules. Issues raised for the first time on appeal and not raised timely in the proceedings in the lower court are barred by estoppel.[27]Points of law, theories, issues and arguments not brought to the attention of the trial court ought not to be considered by a reviewing court, as these cannot be raised for the first time on appeal.[28] To consider the alleged facts and arguments raised belatedly would amount to trampling on the basic principles of fair play, justice, and due process. | |||||
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2008-09-17 |
CORONA, J. |
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| We note that the CA already ruled on the issue of whether petitioner had the authority to impose production assessments. Petitioner did not raise this issue in its petition before us. Did this amount to a waiver of the issue? No, it did not. In its motion to dismiss in the RTC, respondent raised the sole issue of lack of jurisdiction. Accordingly, the RTC in its April 28, 2005 and June 8, 2005 orders dealt only with this issue. However, respondent, in its petition for certiorari in the CA, raised the additional question of petitioner's authority to impose the production assessments. This was obviously premature because it already went into the merits of the case and the RTC had not yet had the opportunity to resolve the issue. Furthermore, points of law, theories, issues and arguments not brought to the attention of the trial court ought not to be considered by a reviewing court as these cannot be raised for the first time on appeal.[32] Therefore, it was an error for the CA to rule on this issue. | |||||