ESPINO V. AMORA (CIVIL, REMEDIAL)

Well entrenched is the rule that 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:

1. when the findings of a trial court are grounded entirely on speculation, surmises, and 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 fails 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 fact 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 if the laid down exceptions which would warrant a reversal of the assailed decision obtain herein.

As correctly ruled by the court a quo, the parties entered into a CONTRACT OF SALE ON CREDIT and thus, Article 1589 of the Civil Code applies, to wit:
Article 1589. The vendee shall owe interest for the period between the delivery of the thing and the payment of the price in the following three cases:

1. Should it have been so stipulated;
2. Should the thing sold and delivered produce fruits or income; and
3. Should he be in default, from the time of judicial or extrajudicial demand for the payment of the price.

Clearly, the law makes the buyer liable to pay interest on the unpaid purchase price. Considering the amount of appellants' obligation and the period of time that had elapsed between the delivery of the construction materials and the payment of the purchase price, this Court agrees with appelants that the amount of PHP 92,160.64 is already enough to cover the interest which has accrued on their unpaid obligation. It stands to reason that therefore, Espino remains obligated to NBA enterprises.