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EASTERN ASSURANCE v. LAND TRANSPORTATION FRANCHISING

This case has been cited 1 times or more.

2004-11-25
CHICO-NAZARIO, J.
Further, the personality of petitioner to file this case was recognized by the CSC when it took cognizance of the CHREA's request to affirm the recommendation of the CSC-National Capital Region Office.  CHREA's personality to bring the suit was a non-issue in the Court of Appeals when it passed upon the merits of this case.  Thus, neither should our hands be tied by this technical concern.  Indeed, it is settled jurisprudence that an issue that was neither raised in the complaint nor in the court below cannot be raised for the first time on appeal, as to do so would be offensive to the basic rules of fair play, justice, and due process.[14]