Wednesday, August 8, 2012

THE FACTUAL FINDINGS OF THE TRIAL COURT, AFFIRMED BY THE CA, ARE FINAL AND CONCLUSIVE AND MAY NOT BE REVIEWED ON APPEAL


As a rule, factual findings of the trial court, affirmed by the CA, are final and conclusive and may not be reviewed on appeal. The established exceptions are: (1) when the inference made is manifestly mistaken, absurd or impossible; (2) when there is grave abuse of discretion; (3) when the findings are grounded entirely on speculations, surmises or conjectures; (4) when the judgment of the CA is based on misapprehension of facts; (5) when the findings of fact are conflicting; (6) when the CA, 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 of fact are conclusions without citation of specific evidence on which they are based; (8) when the CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion; and (9) when the findings of fact of the CA are premised on the absence of evidence and are contradicted by the evidence on record (Id. at 231-232, citing Child Learning Center Inc. v. Tagario, 476 SCRA 236 (2005). (FILIPINAS FIBER SYNTHETIC CORPORATION vs. WILFREDO DELOS SANTOS ET AL., G.R. No. 152033, MARCH 16, 2011, PERALTA, J.)

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