This case has been cited 2 times or more.
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2006-07-17 |
GARCIA, J. |
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| The CA disagreed with the RTC's conclusion that the respondent Bank was not a bona fide purchaser or mortgagee for value, as the case may be, of the subject property, based on circumstances which we now proceed to review. It is settled that this Court has to inquire into questions of fact if the courts below have conflicting findings.[11] | |||||
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2004-07-14 |
YNARES-SANTIAGO, J. |
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| SO ORDERED. Hence this petition anchored on the sole ground that: THE HONORABLE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION IN HOLDING THAT ALTHOUGH PETITIONERS ARE BUYERS IN GOOD FAITH AND FOR VALUE OF THE LAND IN QUESTION, THEY ARE ONLY ENTITLED TO OWN ONE HALF PORTION THEREOF AND THAT RESPONDENT LUCY CALDERON IS ENTITLED TO THE OTHER HALF PORTION. As a general rule, only questions of law may be raised in a petition for review on certiorari to the Supreme Court. Although it has long been settled that findings of fact are conclusive upon this Court, there are exceptional circumstances which would require us to review findings of fact of the Court of Appeals,[15] to wit: It is well settled that the findings of facts of the Court of Appeals are conclusive on the parties and on this Court, unless (1) the conclusion is a finding grounded entirely on speculation, surmise and conjectures; (2) the inference made is manifestly mistaken; (3) there is grave abuse of discretion; (4) the judgment is based on misapprehension of facts; (5) the findings of fact are conflicting; (6) the Court of Appeals went beyond the issues of the case and its findings are contrary to the admissions of both appellant and appellees; (7) the findings of fact of the Court of Appeals are contrary to those of the trial court; (8) said findings of fact are conclusions without citation of specific evidence on which they are based; (9) the facts set forth in the decision as well as in the petitioner's main and reply briefs are not disputed by the respondents; (10) the finding of fact of the Court of Appeals is premised on the supposed absence of evidence and is contradicted by evidence on record. (Emphasis supplied) The case at bar falls under one of the exceptions, it appearing that there was a disparity between the findings of the trial court and those of the Court of Appeals on the issue of whether petitioners were purchasers in good faith. | |||||