This case has been cited 7 times or more.
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2009-04-24 |
TINGA, J. |
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| To begin with, the findings of fact of the Court of Appeals are conclusive on the parties and carry even more weight when these coincide with the factual findings of the trial court. This Court will not weigh the evidence all over again unless there is a showing that the findings of the lower court are totally devoid of support or are clearly erroneous.[17] | |||||
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2009-04-24 |
TINGA, J. |
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| [21] Nazareno v. Court of Appeals, G.R. No. 138842, 18 October 2000, 343 SCRA 637, 652. | |||||
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2006-12-06 |
GARCIA, J. |
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| In assailing the appellate court's decision, petitioners impute errors which basically involve questions of fact and the appreciation of evidence by the two courts below. This case furnishes another occasion for us to reiterate the settled principle that this Court's jurisdiction in a petition for review under Rule 45 is limited to reviewing and correcting only errors of law, not of fact, the only power of the Court being to determine if the legal conclusions drawn from the findings of fact are correct.[6] Absent any showing that the findings complained of are totally devoid of support from the evidence on record, or that the judgment itself is based on misapprehension of facts, such findings must stand. The Court is not expected or required to examine or refute the oral and documentary evidence submitted by the parties.[7] The Court finds no reason to depart from this settled rule, it appearing that the findings of fact by the courts a quo are fully substantiated by the evidence extant on record. Likewise, the Court has consistently ruled that the findings of fact by the CA, especially if such findings, as here, are affirmatory of those of the trial court, will not be disturbed on appeal.[8] | |||||
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2004-09-03 |
YNARES-SANTIAGO, J. |
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| After a thorough examination of the records and transcript of stenographic notes, we find that it was Felomina and not Lucila who truly purchased the questioned lot from Estela. The positive and consistent testimony of Felomina alone, that she was the real vendee of the lot, is credible to debunk the contrary claim of respondent spouses. Indeed, the lone testimony of a witness, if credible, is sufficient as in the present case.[21] Moreover, Aquilino Caldoza, brother of the vendor and one of the witnesses[22] to the deed of sale, categorically declared that Felomina was the buyer and the one who paid the purchase price to her sister, Estela.[23] | |||||
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2004-06-03 |
YNARES-SATIAGO, J. |
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| Concededly, both the Kasulatan ng Bilihang Tuluyan and the Kasulatan ng Sanglaan are public documents and there is no dispute that generally, a notarized document carries the evidentiary weight conferred upon it with respect to its due execution. In addition, documents acknowledged before a notary public have in their favor the presumption of regularity. However, the presumption is not absolute and may be rebutted by clear and convincing evidence to the contrary.[11] The presumption cannot be made to apply in this case because the regularity in the execution of the documents were challenged in the proceedings below where their prima facie validity was overthrown by the highly questionable circumstances pointed out by both trial and appellate courts. Furthermore, notarization per se is not a guarantee of the validity of the contents of a document. Indeed, as stated by the Supreme Court in Nazareno v. CA:[12] | |||||
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2003-11-20 |
CARPIO, J. |
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| Moreover, the factual findings of the appellate court are conclusive on the parties and carry greater weight when they coincide with the factual findings of the trial court. This Court will not weigh the evidence all over again unless there has been a showing that the findings of the lower court are totally devoid of support or are clearly erroneous so as to constitute serious abuse of discretion.[20] In the instant case, the trial court found that the lots were sold for a valid consideration, and that the defendant children actually paid the purchase price stipulated in their respective Deeds of Sale. Actual payment of the purchase price by the buyer to the seller is a factual finding that is now conclusive upon us. | |||||
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2003-09-23 |
YNARES-SANTIAGO, J. |
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| True, public documents by themselves may be adequate to establish the presumption of their validity. However, their probative weight must be evaluated not in isolation but in conjunction with other evidence adduced by the parties in the controversy, much more so in this case where the contents of a copy thereof subsequently registered for documentation purposes is being contested. No reason has been offered how and why the questioned entry was subsequently intercalated in the copy of the certificate of sale subsequently registered with the Registry of Deeds. Absent any satisfactory explanation as to why said entry was belatedly inserted, the surreptitiousness of its inclusion coupled with the furtive manner of its intercalation casts serious doubt on the authenticity of petitioner's copy of the Certificate of Sale. Thus, it has been held that while a public document like a notarized deed of sale is vested with the presumption of regularity, this is not a guarantee of the validity of its contents.[34] | |||||