Wednesday, August 27, 2014

THE FACTUAL FINDINGS OF THE TRIAL COURT, AFFIRMED BY THE COURT OF APPEALS, 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 (FILIPINAS FIBER SYNTHETIC CORPORATION vs. WILFREDO DELOS SANTOS ET AL., G.R. No. 152033, MARCH 16, 2011, PERALTA, J.)

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