This case has been cited 4 times or more.
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2009-05-26 |
LEONARDO-DE CASTRO, J. |
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| It should be noted that, apart from her interview with the psychologist, petitioner testified in court on the facts upon which the psychiatric report was based. When a witness testified under oath before the lower court and was cross-examined, she thereby presented evidence in the form of testimony.[18] Significantly, petitioner's narration of facts was corroborated in material points by the testimony of a close relative of Rodolfo. Dr. Villegas likewise testified in court to elaborate on her report and fully explain the link between the manifestations of Rodolfo's psychological incapacity and the psychological disorder itself. It is a settled principle of civil procedure that the conclusions of the trial court regarding the credibility of witnesses are entitled to great respect from the appellate courts because the trial court had an opportunity to observe the demeanor of witnesses while giving testimony which may indicate their candor or lack thereof.[19] Since the trial court itself accepted the veracity of petitioner's factual premises, there is no cause to dispute the conclusion of psychological incapacity drawn therefrom by petitioner's expert witness.[20] | |||||
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2007-12-13 |
CHICO-NAZARIO, J. |
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| Until the contract is perfected, it cannot, as an independent source of obligation, serve as a binding juridical relation. In sales, particularly, to which the topic for discussion about the case at bench belongs, the contract is perfected when a person, called the seller, obligates himself, for a price certain, to deliver and to transfer ownership of a thing or right to another, called the buyer, over which the latter agrees.[48] In the present case, the terms of payment have not even been alleged. No positive proof was adduced that Judge Amado had fully accepted Salvador's sketchy proposal. Even if the handwritten note actually referred to the subject property, it merely points to the fact that the parties were, at best, negotiating a contract of sale. At the time it was written, on 1 October 1980, Judge Amado had not expressed his unconditional acceptance of Salvador's offer. He merely expressed that he was considering the sale of the subject property, but it was nevertheless clear that he still was unprepared to sign the contract. Salvador himself admitted before the MTC in Civil Case No. 700 that the sale agreement did not push through as he testified that "I considered that dead investment because our sale did not materialize because he always made promises."[49] | |||||
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2006-03-10 |
TINGA, J. |
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| In considering the merit of this petition, the Court is heavily influenced by the credence accorded by the RTC to the factual allegations of petitioner.[41] It is a settled principle of civil procedure that the conclusions of the trial court regarding the credibility of witnesses are entitled to great respect from the appellate courts because the trial court had an opportunity to observe the demeanor of witnesses while giving testimony which may indicate their candor or lack thereof.[42] The Court is likewise guided by the fact that the Court of Appeals did not dispute the veracity of the evidence presented by petitioner. Instead, the appellate court concluded that such evidence was not sufficient to establish the psychological incapacity of respondent.[43] | |||||