Wednesday, October 12, 2011

first time on appeal; error of judgement

Points of law, theories, issues and arguments not brought to the attention of the lower court, administrative agency or quasi-judicial body, need not be considered by a reviewing court, as they cannot be raised for the first time at that late stage. It is well settled that no question will be entertained on appeal unless it has been raised in the proceedings below. Basic considerations of fairness and due process impel this rule.
When a court, tribunal or officer has jurisdiction over the person and subject matter of the dispute, the decision on all other questions arising in the case is an exercise of said jurisdiction. Consequently, all errors committed in the exercise of said jurisdiction are merely errors of judgement. Procedural rules and jurisprudence emphatically declare that errors of judgement are not proper subjects of a special action for certiorari.
The submission of proof of payment of disturbance compensation is not jurisdictional as to deprive the DAR the power to act on an application for exemption.

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