6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly the admission and calibration of evidence and since respondents did not specifically raise this matter in the proceedings before the LA and the NLRC, these tribunals were not given a chance to pass upon it in their assailed decisions. Hence, the issue of whether or not Padrones or his beneficiaries are entitled to disability benefits cannot be passed upon on appeal because it was not raised in the tribunals a quo. Well-settled is the rule that issues not raised below cannot be raised for the first time on appeal as to do so would be offensive to the basic rules of fair play and justice.[29] Petitioners are correct in arguing that they never had the opportunity to present proof that would have refuted the finding of the CA that respondents are entitled to an award of disability benefits. The Court agrees with petitioners' contention that had it been clearly set forth before the lower tribunals that the alleged disability of Padrones is an issue, then they (petitioners) could have presented evidence and arguments to show that "he was not prevented from engaging in the same line of work to which he was accustomed;" "that the situation of Mr. Padrones did not fall under any of the disability gradings as set out in the POEA Standard Employment Contract;" and "that he was not impeded from working for at least 120 days at the time that he was repatriated with a finished contract."[30] In their Comment to petitioners' Motion for Reconsideration of the CA Decision, as well as in their Comment to the present petition, respondents abandoned their claim for death benefits and focused solely on Padrones' supposed entitlement to disability benefits. However, nowhere in respondents' Comment did they refute petitioners' basic contention that they are not entitled to disability benefits on the ground that this issue was never litigated before the lower tribunals. Respondents argue as if the issue of their entitlement to disability benefits was a matter which was raised at the first instance. Respondents have, in effect, changed their theory of the case. Settled is the rule that, in this jurisdiction, a party cannot change his theory of the case or his cause of action on appeal.[31] It affirms that courts of justice have no jurisdiction or power to decide a question not in issue.[32] Thus, a judgment that goes beyond the issues and purports to adjudicate something on which the court did not hear the parties, is not only irregular but also extrajudicial and invalid.[33] The rule rests on the fundamental tenets of fair play.[34] The exception to this rule is when the factual bases thereof would not require presentation of any further evidence by the adverse party in order to enable it to properly meet the issue raised in the new theory.[35] In such a case, the court may give due course to the petition and resolve the principal issues raised therein.[36] The instant case does not fall under this exception. To stress, the issue of whether or not Padrones or respondents, as his heirs, are entitled to disability benefits is a factual question that was never alleged, let alone proven before the LA, the NLRC and the CA. Understandably, petitioners did not present evidence before the lower tribunals to refute respondents' alleged entitlement to disability benefits because this was never an issue. It was only after the CA has awarded them disability benefits that respondents changed their theory by claiming that they are indeed entitled to such benefits instead of death benefits. Thus, respondents' belated change of their theory of the case should be disallowed and the instant petition granted. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59749 6/9