This case has been cited 2 times or more.
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2010-10-20 |
DEL CASTILLO, J. |
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| Both the trial and the appellate courts ruled that respondent has proven her claims of ownership and possession with a preponderance of evidence. Petitioners now argue that the two courts erred in their appreciation of the evidence. They ask the Court to review the evidence of both parties, despite the CA's finding that the trial court committed no error in appreciating the evidence presented during trial. Hence, petitioners seek a review of questions of fact, which is beyond the province of a Rule 45 petition. A question of fact exists if the uncertainty centers on the truth or falsity of the alleged facts.[63] "Such questions as whether certain items of evidence should be accorded probative value or weight, or rejected as feeble or spurious, or whether the proofs on one side or the other are clear and convincing and adequate to establish a proposition in issue, are without doubt questions of fact."[64] | |||||
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2009-10-28 |
PERALTA, J. |
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| Coming to the last assigned error, the Court agrees with the disquisition of the CA that an action for reconveyance is one that seeks to transfer property, wrongfully registered by another, to its rightful and legal owner.[36] From the foregoing discussions, the Court finds no sufficient reason to depart from the findings of the RTC and the CA that, based on the evidence on record, there was no wrongful registration of the property, first in the name of PNB as the purchaser when the property was auctioned and, subsequently, in the name of respondent Rodriguez who bought the subject property when the same was offered for sale by PNB. Hence, the CA did not commit error in affirming the RTC's dismissal of herein petitioner's complaint for reconveyance. | |||||