Issue Raised for the First Time on Appeal is Barred by Estoppel

ALI AKANG VS. MUNICIPALITY OF ISULAN, SULTAN KUDARAT PROVINCE, REPRESENTED BY ITS MUNICIPAL MAYOR AND MUNICIPAL VICE MAYOR AND MUNICIPAL COUNCILORS/ KAGAWADS, G.R. No. 186014, June 26, 2013.


“x x x.

Issue Raised for the First Time on Appeal is Barred by Estoppel

The petitioner asserts that the Deed of Sale was notarized by Atty. Gualberto B. Baclig who was not authorized to administer the same, hence, null and void. This argument must be rejected as it is being raised for the first time only in this petition. In his arguments before the RTC and the CA, the petitioner focused mainly on the validity and the nature of the Deed of Sale, and whether there was payment of the purchase price. The rule is settled that issues raised for the first time on appeal and not raised in the proceedings in the lower court are barred by estoppel. To consider the alleged facts and arguments raised belatedly would amount to trampling on the basic principles of fair play, justice, and due process.⁠1 Accordingly, the petitioner’s attack on the validity of the Deed of Sale vis-à-vis its compliance with the 2004 New Notarial Law must be disregarded.⁠2

x x x.”