This case has been cited 3 times or more.
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2014-01-15 |
REYES, J. |
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| From the above provision, it is clear that the court considers the evidence only when it is formally offered. The offer of evidence is necessary because it is the duty of the trial court to base its findings of fact and its judgment only and strictly on the evidence offered by the parties. A piece of document will remain a scrap of paper without probative value unless and until admitted by the court in evidence for the purpose or purposes for which it is offered.[29] The formal offer of evidence allows the parties the chance to object to the presentation of an evidence which may not be admissible for the purpose it is being offered.[30] | |||||
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2013-07-29 |
PERLAS-BERNABE, J. |
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| It is fundamental that a petition for review on certiorari filed under Rule 45 of the Rules of Court covers only questions of law. In this relation, questions of fact are not reviewable and cannot be passed upon by the Court unless, the following exceptions are found to exist: (a) when the findings are grounded entirely on speculations, surmises, or conjectures; (b) when the inference made is manifestly mistaken, absurd, or impossible; (c) when there is a grave abuse of discretion; (d) when the judgment is based on misappreciation of facts; (e) when the findings of fact are conflicting; (f) when in making its findings, the same are contrary to the admissions of both parties; (g) when the findings are contrary to those of 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; and (j) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record.[50] | |||||
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2012-02-15 |
REYES, J. |
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| Furthermore, in petitions for review on certiorari, only questions of law may be put into issue. Questions of fact cannot be entertained.[21] To distinguish one from the other, a question of law exists when the doubt or difference centers on what the law is on a certain state of facts. A question of fact, on the other hand, exists if the doubt centers on the truth or falsity of the alleged facts.[22] Certainly, the finding of negligence by the RTC, which was affirmed by the CA, is a question of fact which this Court cannot pass upon as this would entail going into the factual matters on which the negligence was based.[23] Moreover, it was not shown that the present case falls under any of the recognized exceptions[24] to the oft repeated principle according great weight and respect to the factual findings of the trial court and the CA. | |||||