This case has been cited 6 times or more.
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2016-01-11 |
LEONEN, J. |
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| The Rules of Court require that only questions of law should be raised in petitions filed under Rule 45.[119] This court is not a trier of facts. It will not entertain questions of fact as the factual findings of the appellate courts are "final, binding[,] or conclusive on the parties and upon this [c]ourt"[120] when supported by substantial evidence.[121] Factual findings of the appellate courts will not be reviewed nor disturbed on appeal to this court.[122] | |||||
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2006-03-16 |
YNARES-SANTIAGO, J. |
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| The foregoing discussion renders moot the second issue raised by petitioner. We see no cogent reason to set aside the findings of the Court of Appeals, because its findings of fact is conclusive and binding on the parties and not subject to review by this Court, unless the case falls under any of the exceptions to the rule.[19] | |||||
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2006-02-27 |
CALLEJO, SR., J. |
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| The general rule is that only questions of law may be raised by the parties and passed upon by the Court in petitions for review under Rule 45 of the Rules of Court.[38] In an appeal via certiorari, the Court may not review the factual findings of the CA.[39] It is not the Court's function under Rule 45 to review, examine, and evaluate or weigh the probative value of the evidence presented.[40] However, the Court may review findings of facts in some instances, such as, when the judgment is based on a misapprehension of facts, when the findings of the CA are contrary to those of the trial court or quasi-judicial agency, or when the findings of facts of the CA are premised on the absence of evidence and are contradicted by the evidence on record.[41] The Court finds these instances present in this case. | |||||
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2006-02-09 |
CALLEJO, SR., J. |
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| (1) when the conclusion is a finding grounded entirely on speculations, surmises and conjectures; (2) when the inference made is manifestly mistaken, absurd or impossible; (3) where there is a grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when the findings of fact are conflicting; (6) when the Court of Appeals, in making its findings went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee; (7) when the findings are contrary to those of the trial court; (8) when the findings of fact are conclusions without citation of specific evidence on which they are based; (9) when the facts set forth in the petition as well as in the petitioners' main and reply briefs are not disputed by the respondents; and (10) when the findings of fact of the Court of Appeals are premised on the supposed absence of evidence and contradicted by the evidence on record.[50] We have reviewed the records and we find that, indeed, the ruling of the appellate court dismissing petitioner's appeal is contrary to law and is not supported by evidence. A careful examination of the factual backdrop of the case, as well as the antecedental proceedings constrains us to hold that petitioner is not barred from asserting that XEI or OBM, on one hand, and the respondents, on the other, failed to forge a perfected contract to sell the subject lots. | |||||
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2004-11-10 |
SANDOVAL-GUTIERREZ, J. |
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| The fundamental issue here is whether petitioner was able to prove by substantial evidence that respondent is liable for extortion by forcing Avis to increase his service fee by P1,000.00. The issue raised is factual. It is basic that the findings of fact by the Court of Appeals, when supported by substantial evidence, are conclusive and binding upon the parties and are not reviewable by this Court, unless the case falls under any of the exceptions to the rule, such as when the findings by the Appellate Court are not supported by evidence.[4] This exception is being relied upon by petitioner. | |||||