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Elaine Del Rosario vs Melinda Bonga

ELAINE A. DEL ROSARIO, petitioner, vs. MELINDA F. BONGA, respondent.

G.R. No. 136308 | 2001-01-23

D E C I S I O N

PANGANIBAN, J.:

Issues and arguments not presented before the trial court cannot be raised for the first time on appeal. Basic considerations of due process impel this rule.

The Case

The Court applies this principle in resolving the present Petition for Review, which assails the March 20, 1998 Decision[1] of the Court of Appeals (CA) in CA-GR CV No. 41040, as well as the November 17, 1998 CA Resolution[2] denying reconsideration. Modifying the August 3, 1992 Decision of the Regional Trial Court of Pasig, the appellate court disposed as follows:

WHEREFORE, the appealed Decision is MODIFIED as follows:

"a) The Deed of...