This case has been cited 7 times or more.
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2009-03-31 |
NACHURA, J. |
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| Petitioner asseverates that a certificate of title is conclusive evidence, not only of ownership of the land referred to but also of the land's location, metes and bounds; that per testimony of Quiaoit, there was a discrepancy in the tie line as appearing in the technical description of respondent's title; that such discrepancy would mean the failure to locate respondent's property with precision and exactitude, fatal to the identification of the property, and consequently, to respondent's cause; that in foreign jurisdictions, the certificate of title does not vest in the registered owner the title over the property in respect to which a wrong description was made; and that respondent should have first filed the proper application and/or petition for the administrative and/or judicial correction of the erroneous tie line. Petitioner claims that the survey and sketch plans made by Quiaoit were worthless, as the latter was not a geodetic engineer and he did not use the Original Plan Psu 184580 of Nellie Balinsat (Balinsat) which was not presented before the RTC. Rather, he used the Projection Map of the Bureau of Lands-Baguio City which did not show the tie points and tie lines of all properties in Baguio City. Further, the Report made by the Clerk of Court was unreliable as no hearing was conducted thereon by the RTC; hence, the parties were not able to interpose their respective objections thereto. The monuments referred to were also unreliable, as there were discrepancies in the testimonies of witnesses. Thus, the monuments in respondent's property had lost their integrity. Moreover, petitioner submits that the CA gravely erred in the appreciation of the pieces of evidence and the testimonies of witnesses. Finally, petitioner, citing Lorenzana Food Corporation v. Court of Appeals[18] and Misa v. Court of Appeals,[19] submits that errors in technical description and location impugn the integrity of Torrens titles and that, in an action for recovery, the property must be identified, and the plaintiff must rely on the strength of his title, and not on the weakness of the defendant's claim.[20] | |||||
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2006-08-03 |
CORONA, J. |
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| The standing rule is that only questions of law may be appealed to this Court by certiorari. Our jurisdiction is limited to questions of law. This is specially true when, as here, the Court of Appeals affirms the factual findings of the trial court.[15] There are a number of exceptions to this rule[16] but none of them obtains in this case. | |||||
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2005-10-11 |
PANGANIBAN, J. |
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| The factual findings of the trial court and the CA are conflicting and, hence, may be reviewed by this Court.[26] Normally, the findings of the trial court on the credibility of witnesses should be respected. Here, however, their demeanor while testifying is not at issue. What is disputed is the substance of their testimonies -- the facts to which they testified. Assuming that the witnesses of petitioner were indeed credible, their testimonies were insufficient to establish that he enjoyed possession over the property. | |||||
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2005-08-09 |
PANGANIBAN, J. |
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| It must be stressed that only questions of law may be raised in petitions to review decisions of the Court of Appeals filed before this Court.[15] The factual findings of the CA affirming those of the trial court are final and conclusive. They cannot be reviewed by this Court, save only in the following circumstances, which we find absent in the instant case: (1) when the factual conclusion is a finding grounded entirely on speculations, surmises and conjectures; (2) when the inference is manifestly mistaken, absurd or impossible; (3) when there is a grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when the findings of fact are conflicting; (6) when the Court of Appeals went beyond the issues of the case in making its findings, which are further contrary to the admissions of both the appellant and the appellee; (7) when the CA's findings are contrary to those of the trial court; (8) when the conclusions do not cite the specific evidence on which they are based; (9) when the facts set forth in the petition as well as in the petitioner's main and reply briefs are not disputed by the respondents; and (10) when the CA's finding's of fact, supposedly premised on the absence of evidence, is contradicted by the evidence on record.[16] | |||||
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2002-01-23 |
PARDO, J. |
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| There are instances when the findings of fact of the trial court or Court of Appeals may be reviewed by the Supreme Court, such as (1) when the conclusion is a finding grounded entirely on speculation, surmises and conjectures; (2) when the inference made is manifestly mistaken, absurd or impossible; (3) where there is a grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when the findings of fact are conflicting; (6) when the Court of Appeals, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee; (7) when the findings are contrary to those of the trial court; (8) when the findings of fact are conclusions without citation of specific evidence on which they are based; (9) when the facts set forth in the petition as well as in the petitioners' main and reply briefs are not disputed by the respondents; and (10) when the findings of fact of the Court of Appeals are premised on the supposed absence of evidence and contradicted by the evidence on record.[14] | |||||