MILAGROS MANONGSONG, etc., et. al. vs. FELOMENA
JUMAQUIO ESTIMO, et. al., G.
R. No. 136773, June 25, 2003
“x x x.
Petitioners admitted before the trial court that Navarro was the
mother of Guevarra. However,
petitioners denied before the Court of Appeals that Navarro was the mother of
Guevarra. We agree with the
appellate court that this constitutes an impermissible change of theory. When a party adopts a certain theory
in the court below, he cannot change his theory on appeal. To allow him to do so is not only
unfair to the other party, it is also offensive to the basic rules of fair
play, justice and due process.[35]
X x x.”
