Petitioner claims that respondent’s non-presentation of the insurance contract or policy between the respondent and the consignee is fatal to its cause of action.
We do not agree.
First of all, this was never raised as an issue before the RTC. In fact, it is not among the issues agreed upon by the parties to be resolved during the pre-trial.[50] As we have said, “the determination of issues during the pre-trial conference bars the consideration of other questions, whether during trial or on appeal.”[51] Thus, “[t]he parties must disclose during pre-trial all issues they intend to raise during the trial, except those involving privileged or impeaching matters. x x x The basis of the rule is simple. Petitioners are bound by the delimitation of the issues during the pre-trial because they themselves agreed to the same.”[52]
Neither was this issue raised on appeal.[53] Basic is the rule that “issues or grounds not raised below cannot be resolved on review by the Supreme Court, for to allow the parties to raise new issues is antithetical to the sporting idea of fair play, justice and due process.”[54
http://sc.judiciary.gov.ph/jurisprudence/2011/april2011/171406.htm
