This case has been cited 5 times or more.
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2009-09-04 |
QUISUMBING, J. |
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| As a rule, only questions of law are entertained by this Court in petitions for review on certiorari under Rule 45. It is not our function to analyze or weigh all over again the evidence presented. It is a settled doctrine that in a civil case, final and conclusive are the factual findings of the trial court, but only if supported by clear and convincing evidence on record.[14] | |||||
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2008-09-12 |
QUISUMBING, J. |
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| As a rule, only questions of law are entertained by this Court in petitions for review on certiorari under Rule 45. It is not our function to analyze or weigh all over again the evidence presented. It is a settled doctrine that in a civil case, final and conclusive are the factual findings of the trial court, but only if supported by clear and convincing evidence on record. [24] | |||||
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2007-05-25 |
SANDOVAL-GUTIERREZ, J. |
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| On the matter of attorney's fees and expenses of litigation, it is settled that the reasons or grounds for the award thereof must be set forth in the decision of the court.[9] Since the trial court's decision did not give the basis of the award, the same must be deleted. In Vibram Manufacturing Corporation v. Manila Electric Company,[10] we held:Likewise, the award for attorney's fees and litigation expenses should be deleted. Well-enshrined is that "an award for attorney's fees must be stated in the text of the court�s decision and not in the dispositive portion only" (Consolidated Bank and Trust Corporation (Solidbank) v. Court of Appeals, 246 SCRA 193 [1995] and Keng Hua Paper Products, Inc. v. Court of Appeals, 286 SCRA 257 [1998]). This is also true with the litigation expenses where the body of the decision discussed nothing for its basis. | |||||
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2006-03-21 |
PANGANIBAN, CJ |
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| Petitioners urge this Court to depart from the general rule that the lower courts' findings of fact are not reviewable in a petition for review.[26] In support of their plea, they cite the conflicting findings of the trial and the appellate courts, as well as the alleged conjectures and surmises made by the CA in arriving at its Decision. | |||||
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2006-01-31 |
TINGA, J. |
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| Prefatorily, findings of facts of the Court of Appeals are final and conclusive and cannot be reviewed on appeal to this Court.[13] A deviation from this rule, however, is justified where the findings of fact of the Court of Appeals contradict those of the trial court.[14] In the case at bar, the contradictory findings of the courts below necessitate our review of the factual issues. | |||||