This case has been cited 2 times or more.
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2007-11-23 |
PER CURIAM |
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| This Court finds no cogent reason to reverse its earlier ruling that there is substantial evidence of petitioner's AWOL for more than 30 days. However, considering that dropping from the rolls due to AWOL does not automatically amount to charges of conduct prejudicial to the best interest of the public and frequent unauthorized absences, his being dropped from the rolls due to his AWOL should neither result in the forfeiture of his benefits[4] nor his disqualification from re-employment in the government.[5] | |||||
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2006-02-22 |
YNARES-SANTIAGO, J. |
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| While it is an established dictum that it is not the function of the Supreme Court to analyze or weigh evidence anew,[14] however, this rule is not iron-clad. We have consistently recognized several exceptional circumstances where we disregarded the aforesaid tenet and proceeded to review the findings of facts of the lower court such as: (1) when the conclusion is a finding grounded entirely on speculations, surmises or conjectures; (2) when the inference is manifestly absurd, mistaken or impossible; (3) when there is grave abuse of discretion in the appreciation of facts; (4) when the judgment is premised on a misapprehension of facts; (5) when the findings of facts are conflicting; (6) when the Court of Appeals in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee; (7) when the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion; and (8) when the findings of fact of the Court of Appeals are contrary to those of the trial court or are mere conclusions without citation of specific evidence, or where the facts set forth by the petitioner are not disputed by the respondent, or where the findings of fact of the Court of Appeals are premised on absence of evidence but are contradicted by the evidence on record.[15] | |||||