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	GR No. 164356 2011-07-27	HEIRS OF MARGARITO PABAUS v. YUTIAMCO VILLARAMA, JR., J.
Nonetheless, jurisprudence has recognized certain exceptions to the general rule that findings of the fact by the Court of Appeals are not reviewable by the Supreme Court. One such exception is when such findings are not sustained by the evidence.[23] Another is when the judgment of the CA is based on misapprehension of facts or overlooked certain relevant facts not disputed by the parties which, if properly considered, would justify a different conclusion.[24]
	GR NO. 160711 2007-08-14	HEIRS OF MAXIMO LABANON v. HEIRS OF CONSTANCIO PROMULGATED: LABA VELASCO, JR., J.
An express trust is created by the direct and positive acts of the parties, by some writing or deed or by words evidencing an intention to create a trust; the use of the word trust is not required or essential to its constitution, it being sufficient that a trust is clearly intended.[13]