Tuesday, March 24, 2009

ESPINO V. AMORA AND AMORA (REMEDIAL LAW)


We uphold the well-entrenched rule that the factual findings of the trial court, especially when affirmed by the appellate court, are accorded the highest degree of respect and are considered conclusive between the parties. The rule however, is not absolute and admits of exceptions upon a showing of highly meritorious circumstances, such as:
  1. when the findings of a trial court are grounded entirely on speculations, surmises, or conjectures;
  2. when a lower court's inference from its factual findings is manifestly mistaken, absurd, or impossible;
  3. when there is grave abuse of discretion in the appreciation of facts;
  4. when the findings of the appellate court go beyond the issues of the case or fail to notice certain relevant facts which if properly considered will justify a different conclusion;
  5. when there is a misappreciation of facts;
  6. when the findings of cat are conclusions without mention of the specific evidence on which they are based, are premised on the absence of evidence, or are contradicted by evidence on record.

None of the laid down exceptions which would warrant a reversal of the assailed decision obtain herein.

No comments:

Post a Comment