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CANADIAN OPPORTUNITIES UNLIMITED v. BART Q. DALANGIN

This case has been cited 1 times or more.

2014-06-09
VILLARAMA, JR., J.
Preliminarily, we note that the resolution of the issue in this case requires a reevaluation of the probative value of the evidence presented by the parties in order to trace the title of the disputed property.  What is involved is indeed a question of fact which is generally beyond the jurisdiction of this Court to resolve in a petition for review on certiorari.[12]  However, a recognized exception to the rule is when the RTC and CA have conflicting findings of fact as in this case.[13]  Here, while the trial court ruled that the disputed property belonged to the conjugal partnership of the first marriage of Pedro Calalang with Encarnacion Silverio, the court a quo declared that the evidence proved the sole and exclusive ownership of the disputed property of Pedro Calalang.