This case has been cited 2 times or more.
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2014-04-21 |
BERSAMIN, J. |
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| Moreover, for the Spouses Ybañez to call upon the Court now to analyze or weigh evidence all over again upon such a factual matter would be impermissible considering that the Court is not a trier of facts.[33] | |||||
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2014-03-26 |
BERSAMIN, J. |
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| The assertion of Sesbreño is improper for consideration in this appeal. The RTC and the CA unanimously found the testimonies of Sesbreño's witnesses implausible because of inconsistencies on material points; and even declared that the non-presentation of Garcia as a witness was odd if not suspect. Considering that such findings related to the credibility of the witnesses and their testimonies, the Court cannot review and undo them now because it is not a trier of facts, and is not also tasked to analyze or weigh evidence all over again.[26] Verily, a review that may tend to supplant the findings of the trial court that had the first-hand opportunity to observe the demeanor of the witnesses themselves should be undertaken by the Court with prudent hesitation. Only when Sesbreño could make a clear showing of abuse in their appreciation of the evidence and records by the trial and the appellate courts should the Court do the unusual review of the factual findings of the trial and appellate courts.[27] Alas, that showing was not made here. | |||||