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?
- The question must have been raised below and be within the framed issues
- Any new theory automatically qualifies
- A brief creates the missing trial evidence
- Only preferred outcome matters
- 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
Answer this question in flashcards to review your response and continue practicing.