Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure › Post-judgment Remedies › Appeal and Review

d. Issues Cognizable

Change of Theory on Appeal

Points of law, theories, issues and arguments not adequately brought to the attention of the trial court ordinarily will not be considered by a reviewing court as they cannot be raised for the first time on appeal because this would be offensive to the basic rules of fair play, justice and due process. (People v. Mamaril, G.R. No. 171980, 2010)