Wednesday, October 19, 2011

When may the Court review factual findings of lower courts - G

G

(click link above)

"x x x.

At the outset, the Court notes that the issues raised in the present petition are essentially questions of fact. It is fundamental that a petition for review oncertiorari filed with this Court under Rule 45 of the Rules of Court shall, as a general rule, raise only questions of law and that this Court is not duty-bound to analyze again and weigh the evidence introduced in and considered by the tribunals below.11 However, there are recognized exceptions to this rule, to wit:


(a) When the findings are grounded entirely on speculation, surmises, or conjectures;

(b) When the inference made is manifestly mistaken, absurd, or impossible;

(c) When there is grave abuse of discretion;

(d) When the judgment is based on a misapprehension of facts;

(e) When the findings of facts are conflicting;

(f) When in making its findings the CA went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee;

(g) When the CA’s findings are contrary to those by the trial court;

(h) When the findings are conclusions without citation of specific evidence on which they are based;

(i) When the facts set forth in the petition as well as in the petitioner’s main and reply briefs are not disputed by the respondent;

(j) When the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; or

(k) When the CA manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, would justify a different conclusion.12



In the present case, the findings of the MTC and the RTC are contrary to those made by the CA. The RTC affirmed the findings of the MTC that the subject house which is presently standing on the disputed parcel of land was built at the time that the ownership of the said lot was in the name of petitioners' parents. The CA, on the other hand, ruled that the abovementioned house was constructed when petitioners' parents were in possession of the lot in question as lessees. Thus, this Court's review of such findings is warranted.


A careful review of the records and the evidence presented in the instant case shows that the CA did not commit error in finding that the house in question was built at the time petitioners' parents possessed the subject lot as lessees.


x xx ."