Issue raised first time on appeal

While it is true that an issue which was neither alleged in the complaint nor raised during the trial cannot be raised for the first time on appeal as it would be offensive to the basic rules of fair play, justice, and due process, the same is not without exception. The Court of Appeals, under Section 3, Rule 43 of the Rules of Civil Procedure can in the interest of justice, entertain and resolve factual issues. After all, technical and procedural rules are intended to help secure, and not suppress, substantial justice. A deviation from a rigid enforcement of the rules may be allowed to attain the prime objective of dispensing justice, for dispensation of justice is the core reason for the existence of courts (Milestone Farms Inc., v. Office of the President, G.R. No. 182332. February 23, 2011).