Philippine Bar review · Question

Practice question: Issues Cognizable

Multiple Choice Hard

Practice question

Appellant introduces a wholly new factual theory outside the issues below, requiring evidence never presented. It relies only on Rule44 Section15 and proves no exception. Which limits matter?
  1. The question must have been raised below and be within the framed issues
  2. Any new theory automatically qualifies
  3. A brief creates the missing trial evidence
  4. Only preferred outcome matters
  5. No preserved issue need be identified

Legal references

  • Rules40–45 and51, continuing appellate provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • 2019 amendments, AM19-10-20-SC: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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