Theories on Appeal

To begin, although the defenses of unenforceability, ratification and preterition were raised by the Heirs of Alfonso for the first time on appeal, they are concomitant matters which may be taken up. As long as the questioned items bear relevance and close relation to those specifically raised, the interest of justice would dictate that they, too, must be considered and resolved. The rule that only theories raised in the initial proceedings may be taken up by a party thereto on appeal should refer to independent, not concomitant matters, to support or oppose the cause of action (Hiers of Policronio M. Ureta, Sr., namely: Conrado B. Ureta, et al. Vs. Heirs of Liberato M. Ureta, namely: Teresa F. Ureta, et al./Heirs of Liberato M. Ureta, namely: Teresa F. Ureta, et al. Vs. Heirs of Policronio M. Ureta, Sr., namely: Conrado B. Ureta, et al., G.R. No. 165748/G.R. No. 165930. September 14, 2011).