This case has been cited 1 times or more.
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2013-12-11 |
LEONARDO-DE CASTRO, J. |
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| Before delving into the merits, the propriety of these Petitions for Review under Rule 45 of the Rules of Court should first be addressed. We note at the outset that except for the third issue on estoppel and prescription, the other two issues involve questions of fact that necessitate a review of the evidence on record. In Decaleng v. Bishop of the Missionary District of the Philippine Islands of Protestant Episcopal Church in the Unites States of America,[48] we presented the general rule, as well as the exceptions, to the same:Prefatorily, it is already a well-established rule that the Court, in the exercise of its power of review under Rule 45 of the Rules of Court, is not a trier of facts and does not normally embark on a re-examination of the evidence presented by the contending parties during the trial of the case, considering that the findings of facts of the Court of Appeals are conclusive and binding on the Court. This rule, however, admits of exceptions as recognized by jurisprudence, to wit: | |||||