This case has been cited 3 times or more.
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2014-02-24 |
BERSAMIN, J. |
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| Section 5, Rule 10 of the Rules of Court is applicable in two situations. The first is when evidence is introduced on an issue not alleged in the pleadings and no objection is interposed by the adverse party. The second is when evidence is offered on an issue not alleged in the pleadings but an objection is raised against the offer.[30] This case comes under the first situation. Enrique Manalo's Judicial Affidavit would introduce the very issues that PNB is now assailing. The question of whether the evidence on such issues was admissible to prove the nullity of the interest rates is an entirely different matter. The RTC accorded credence to PNB's evidence showing that the Spouses Manalo had been paying the interest imposed upon them without protest. On the other hand, the CA's nullification of the interest rates was based on the credit agreements that the Spouses Manalo and PNB had themselves submitted. | |||||
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2008-12-10 |
AUSTRIA-MARTINEZ, J. |
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| Furthermore, even if respondent's answer was not amended to conform to the evidence it presented, it does not preclude the trial court from adjudicating the issue of payment. Citing of Bank of America, NT & SA v. American Realty Corporation[27] and Talisay-Silay Milling Co., Inc. v. Asociacion de Agricultores de Talisay-Silay, Inc.,[28] this Court held in Mercader v. Development Bank of the Philippines (Cebu Branch)[29] that:The failure of a party to amend a pleading to conform to the evidence adduced during trial does not preclude adjudication by the court on the basis of such evidence which may embody new issues not raised in the pleadings. x x x Although, the pleading may not have been amended to conform to the evidence submitted during trial, judgment may nonetheless be rendered, not simply on the basis of the issues alleged but also on the issues discussed and the assertions of fact proved in the course of the trial. The court may treat the pleading as if it had been amended to conform to the evidence, although it had not been actually amended. x x x Clearly, a court may rule and render judgment on the basis of the evidence before it even though the relevant pleading had not been previously amended, so long as no surprise or prejudice is thereby caused to the adverse party. Put a little differently, so long as the basic requirements of fair play had been met, as where the litigants were given full opportunity to support their respective contentions and to object to or refute each other's evidence, the court may validly treat the pleadings as if they had been amended to conform to the evidence and proceed to adjudicate on the basis of all the evidence before it.[30] (Emphasis supplied) | |||||
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2004-11-11 |
AUSTRIA-MARTINEZ, J. |
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| In Mercader vs. Development Bank of the Phils. (Cebu Branch),[21] the Court explained that the foregoing provision envisions two scenarios -- first, when evidence is introduced on an issue not alleged in the pleadings and no objection was interjected and second, when evidence is offered on an issue not alleged in the pleadings but this time an objection was interpolated. In cases where an objection is made, the court may nevertheless admit the evidence where the adverse party fails to satisfy the court that the admission of the evidence would prejudice him in maintaining his defense upon the merits, and the court may grant him a continuance to enable him to meet the new situation created by the evidence. | |||||