This case has been cited 1 times or more.
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2010-01-15 |
DEL CASTILLO, J. |
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| Conclusions and findings of fact by the trial court are entitled to great weight on appeal and should not be disturbed unless for strong and cogent reasons because the trial court is in a better position to examine real evidence, as well as to observe the demeanor of the witnesses while testifying in the case.[39] The fact that the CA adopted the findings of fact of the trial court makes the same binding upon this court.[40] In Philippine Airlines, Inc. v. Court of Appeals, [41] we held that factual findings of the CA which are supported by substantial evidence are binding, final and conclusive upon the Supreme Court. A departure from this rule may be warranted where the findings of fact of the CA are contrary to the findings and conclusions of the trial court,[42] or when the same is unsupported by the evidence on record.[43] There is no ground to apply the exception in the instant case, however, because the findings and conclusions of the CA are in full accord with those of the trial court. | |||||