This case has been cited 3 times or more.
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2015-06-16 |
PER CURIAM |
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| Neither can Dianco claim that his reassignment on May 2, 2011, amounted to a penalty. Where the appointment does not indicate a specific station, an employee may be transferred or reassigned provided the transfer affects no substantial change in title, rank and salary.[83] As we aptly held in Orcino v. CSC:[84] | |||||
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2006-03-31 |
CHICO-NAZARIO, J. |
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| Respondent further contends, and the same is admitted by petitioners, that the settlement of the issues assailed in this petition centers on the review of certain facts which, as a general rule, may not be raised in petitions for review under Rule 45 of the Rules of Court. This Court, in numerous instances have had occasion to explain that it is not the function of this Court to analyze or weigh evidence all over again. As a rule, the Court respects the factual findings of the Court of Appeals and quasi-judicial agencies like the DAR, giving them a certain measure of finality.[15] However, we have ruled that factual findings of a quasi-judicial institution which are not supported by substantial and credible evidence do not bind this Court, e.g. the findings and conclusions have no basis in the records or are contrary to the evidence on record or the factual determinations of an appellate body are contrary to those of the initial fact-finding agency.[16] Moreover, we have outlined several instances when this Court may resolve factual issues, such as: 1) when the findings are grounded entirely on speculation, surmises, or conjectures; 2) when the inference made is manifestly mistaken, absurd or impossible; 3) when there is grave abuse of discretion; 4) when the judgment is based on a misapprehension of facts; 5) when the findings of facts are conflicting; 6) when in making its findings, the Court of Appeals went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee; 7) when the findings are contrary to the trial court; 8) when the findings are conclusions without citation of specific evidence on which they are based; 9) 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; 10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; or 11) when the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, would justify a different conclusion.[17] | |||||
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2003-12-05 |
AUSTRIA-MARTINEZ, J. |
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| It must be borne in mind that the disputed property is part of the "Friar Lands" over which the Government holds title and are not public lands but private or patrimonial property of the Government[14] and can be alienated only upon proper compliance with the requirements of Act No. 1120 or the Friar Lands Act. | |||||