Practice question
The CTA introduces an unraised issue requiring factual proof not in the record, then decides it against a party because that party did not anticipate it. It invokes general liberality as unlimited authority. Which is correct under Marily?
- The authority has limits; it cannot disregard the existing-record condition and fair opportunity to respond
- Liberality makes every unraised factual issue conclusively established
- The court may invent missing facts
- Only the losing party’s wealth matters
- An unraised issue automatically shifts every burden
Legal references
- Rule1 Section6: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Agapito v. Aeroplus Multi-Services, G.R.248304, April20,2022, MAIN: https://lawphil.net/judjuris/juri2022/apr2022/gr_248304_2022.html
- CIR v. Marily Development Corporation, G.R.263794, April2,2025, MAIN: https://lawphil.net/judjuris/juri2025/apr2025/gr_263794_2025.html
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