This case has been cited 5 times or more.
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2008-03-03 |
VELASCO JR., J. |
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| M.E. fails to persuade. The determination of the exact amount M.E. claims as the 20% sales discount it granted to the senior citizens calls for an evaluation of factual matters. The unyielding rule is that the findings of fact of the trial court, particularly when affirmed by the CA, are binding upon this Court,[11] save when the lower courts had overlooked, misunderstood, or misinterpreted certain facts or circumstances of weight, which, if properly considered, would affect the result of the case and warrant a reversal of the decision. The instant case does not fall under the exception; hence, we do not find any justification to review all over again the evidence presented before the CTA, and the factual conclusions deduced therefrom. | |||||
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2007-10-18 |
VELASCO, JR., J. |
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| Petitioner alleged in his position paper that the same affidavit of revocation was submitted to the DAR and the CAR, but they were not acted upon because of the dismissal of the cases for cancellation of CLTs filed by Paulina Mercado. Petitioner's claim is a mere allegation. It has not been substantiated. Again, if it were true, why did Panlilio and Paulina fail to pursue any further action?[59] We respect and accord finality to the aforequoted findings of facts of the CA, being the tribunal tasked to undertake a final review of the facts of the case subject of course to certain tolerated exceptional situations. Once again we reiterate the prevailing rule that the findings of fact of the trial court, particularly when affirmed by the Court of Appeals are binding upon this Court.[60] | |||||
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2005-01-21 |
TINGA, J. |
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| Sale, being a consensual contract, is perfected by mere consent[25] and from that moment, the parties may reciprocally demand performance.[26] The essential elements of a contract of sale, to wit: (1) consent or meeting of the minds, that is, to transfer ownership in exchange for the price; (2) object certain which is the subject matter of the contract; (3) cause of the obligation which is established.[27] | |||||