This case has been cited 2 times or more.
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2008-09-03 |
CORONA, J. |
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| The credibility of a witness is left primarily to the judgment of the trial judge. He is in a vantage position to assess the witness' demeanor, conduct and attitude under grueling examination because he has the direct opportunity to observe the witness on the stand.[15] The factual findings of the appellate court are also given great weight especially if in complete accord with the findings of the lower court.[16] In holding that the evaluation of the testimonies of witnesses must be left to the trial court as the agency in the best position to observe the witnesses' demeanor on the witness stand,[17] the CA merely applied a well-settled rule. We find no reason to rule otherwise. | |||||
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2003-12-08 |
AUSTRIA-MARTINEZ, J. |
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| In petitions for review on certiorari under Rule 45 of the Rules of Court, the general rule is that only questions of law may be raised by the parties and passed upon by this Court.[18] Factual findings of the appellate court are generally binding on us especially when in complete accord with the findings of the trial court.[19] This is because it is not our function to analyze or weigh the evidence all over again.[20] However, this general rule admits of exceptions, to wit:(a) where there is grave abuse of discretion; (b) when the finding is grounded entirely on speculations, surmises or conjectures; (c) when the inference made is manifestly mistaken, absurd or impossible; (d) when the judgment of the Court of Appeals was based on a misapprehension of facts; (e) when the factual findings are conflicting; (f) when the Court of Appeals, in making its findings, went beyond the issues of the case and the same are contrary to the admissions of both appellant and appellee; (g) when the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion; and, (h) where the findings of fact of the Court of Appeals are contrary to those of the trial court, or are mere conclusions without citation of specific evidence, or where the facts set forth by the petitioner are not disputed by the respondent, or where the findings of fact of the Court of Appeals are premised on the absence of evidence and are contradicted by the evidence on record.[21] | |||||