Practice question
During trial, a party attempts to introduce an entirely unpleaded issue. The opponent immediately objects, refuses to try it, and receives no proper amendment or opportunity to litigate it. Can express or implied consent be assumed merely because the proponent wants a ruling?
- Yes, the proponent’s desire is both parties’ consent
- Yes, objection automatically proves consent
- No, the stated objection and lack of consensual trial do not establish Rule 10 section 5 consent
- Yes, because every new assertion must be decided
- No, because no unpleaded issue can ever be tried even by agreement
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 10, sections 3 and 5, and Rule 18, sections 2 and 7, issues tried by consent and controlling pre-trial order.
- https://lawphil.net/judjuris/juri2006/jan2006/gr_162416_2006.html — De Joya v. Marquez, G.R. No. 162416, January 31, 2006, distinctions among jurisdiction over subject matter, issues and res.
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