This case has been cited 3 times or more.
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2006-09-07 |
TINGA, J. |
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| It was not unlawful for respondent to assist his client in entering into a settlement with Aquino after explaining all available options to her. The law encourages the amicable settlement not only of pending cases but also of disputes which might otherwise be filed in court. [33] Moreover, there is no showing that he knew for sure that Aquino is the father of complainant's daughter as paternity remains to be proven. As complainant voluntarily and intelligently agreed to a settlement with Aquino, she cannot later blame her counsel when she experiences a change of heart. Besides, the record is bereft of evidence as to whether respondent also acted as Aquino's counsel in the settlement of the case. Again, we only have complainant's bare allegations that cannot be considered evidence.[34] Suspicion, no matter how strong, is not enough. In the absence of contrary evidence, what will prevail is the presumption that the respondent has regularly performed his duty in accordance with his oath.[35] | |||||
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2001-01-30 |
BELLOSILLO, J. |
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| To reiterate, it is a hornbook doctrine that findings of fact of trial courts are entitled to great weight on appeal and should not be disturbed except for strong and valid reasons because the trial court is in a better position to examine the demeanor of the witnesses while testifying.[13] It is not a function of this Court to analyze and weigh evidence by the parties all over again. Our jurisdiction is in principle limited to reviewing errors of law that might have been committed by the Court of Appeals. A fortiori, where the factual findings of the trial court are affirmed in toto by the Court of Appeals, there is great reason for not disturbing such findings and for regarding them as not reviewable by this Court.[14] | |||||
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2000-02-15 |
YNARES-SANTIAGO, J. |
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| And while private respondent denied having signed any document selling the subject parcels of land, the trial court found her signature on the subject documents to be genuine, after a comparison thereof with her own documentary evidence on record (Exh. "B"). Indeed, it has been held that where a comparison is permissible, it may be made by the court, with or without the aid of expert witnesses;[12] and evidence respecting handwriting may be given by a comparison made by the court with writings admitted or treated as genuine by the party against whom the evidence is offered.[13] In the case at bar, the lower court compared private respondent's signatures on the subject documents with that appearing on her own evidence (Exh. "B") and found the same identical. | |||||