"x x x.
There are pertinent and important issues that the parties failed to raise before the trial court, Court of Appeals, and this court. Nonetheless, we resolve to rule on these issues.
As a general rule, this court through its appellate jurisdiction can only decide on matters or issues raised by the parties.42 However, the rule admits of exceptions.43 When the unassigned error affects jurisdiction over the subject matter44 or when the consideration of the error is necessary for a complete resolution of the case,45 this court can still decide on these issues.
We cannot turn a blind eye on glaring misapplications of the law or patently erroneous decisions or resolutions simply because the parties failed to raise these errors before the court. Otherwise, we will be allowing injustice by reason of the mistakes of the parties’ counsel and condoning reckless and negligent acts of lawyers to the prejudice of the litigants. Failure to rule on these issues amounts to an abdication of our duty to dispense justice to all parties.
The issues are:
I. Whether the Regional Trial Court had jurisdiction over the case
II. Whether the act of FerroChemicals, Inc. in filing the notice of appeal before the Court of Appeals and the petition for certiorari assailing the same trial court decision amounted to forum shopping
III. Whether Ferro Chemicals, Inc. was entitled to the awards given as civil liability ex delicto
x x x."
See:
vs. FERRO CHEMICALS, INC., Respondent.
