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Ayson vs Eriquez

LOLITA R. AYSON, Petitioner, versus MARINA ENRIQUEZ vda. DE CARPIO, Respondent.

G.R. No. 152438 | 2004-06-17

DECISION


PANGANIBAN, J.:

Defects in a complaint are deemed waived when the parties go to trial without challenging them. Thus, when the plaintiff, without objection from the defendant, introduces evidence to prove a particular cause of action not alleged in the original complaint, and the defendant voluntarily produces witnesses __________________
* On leave.


and other evidence to meet the cause of action thus established, the issue is joined as fully and as effectively as if it were previously pleaded.

The Case


Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, challenging the October 9, 2001 Decision[2]...