This case has been cited 9 times or more.
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2012-10-10 |
BRION, J. |
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| In the absence of a law or a rule binding on the Court, it has no option but to uphold the existing policy that recognizes the fiduciary nature of banking. It likewise rejects the adoption of a judicially-imposed rule giving third parties with unverified claims against the deposit of another a better right over the deposit. As current laws provide, the bank's contractual relations are with its depositor, not with the third party;[28] "a bank is under obligation to treat the accounts of its depositors with meticulous care and always to have in mind the fiduciary nature of its relationship with them."[29] In the absence of any positive duty of the bank to an adverse claimant, there could be no breach that entitles the latter to moral damages. | |||||
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2011-03-16 |
LEONARDO-DE CASTRO, J. |
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| As a rule, no issue may be raised on appeal unless it has been brought before the lower tribunal for its consideration. Higher courts are precluded from entertaining matters neither alleged in the pleadings nor raised during the proceedings below, but ventilated for the first time only in a motion for reconsideration or on appeal.[62] The issues were first raised only in the Motion for Reconsideration of the Decision of the Court of Appeals, thus, it is as if they were never duly raised in that court at all. "Hence, this Court cannot now, for the first time on appeal, entertain these issues, for to do so would plainly violate the basic rule of fair play, justice and due process. The Court reiterates and emphasizes the well-settled rule that an issue raised for the first time on appeal and not raised timely in the proceedings in the lower court is barred by estoppel.[63] | |||||
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2011-02-23 |
VELASCO JR., J. |
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| In the instant case, Gonzales suffered from the negligence and bad faith of PCIB. From the testimonies of Gonzales' witnesses, particularly those of Dominador Santos[46] and Freddy Gomez,[47] the embarrassment and humiliation Gonzales has to endure not only before his former close friend Unson but more from the members and families of his friends and associates in the PCA, which he continues to experience considering the confrontation he had with Unson and the consequent loss of standing and credibility among them from the fact of the apparent bouncing check he issued. Credit is very important to businessmen and its loss or impairment needs to be recognized and compensated.[48] | |||||
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2010-07-26 |
NACHURA, J. |
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| It is apt to stress the well-settled principle that factual findings of the trial court, affirmed by the CA, are binding and conclusive upon this Court.[21] In the absence of any showing that the findings complained of are totally devoid of support in the evidence on record, or that they are so glaringly erroneous as to constitute serious abuse of discretion, such findings must stand.[22] The Court is not a trier of facts, its jurisdiction being limited to reviewing only errors of law that may have been committed by the lower courts.[23] It is not the function of the Court to analyze or weigh all over again the evidence or premises supportive of such factual determination.[24] The law creating the CA was intended mainly to take away from the Supreme Court the work of examining the evidence, so that it may confine its task to the determination of questions which do not call for the reading and study of transcripts containing the testimony of witnesses.[25] | |||||
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2010-07-07 |
LEONARDO-DE CASTRO, J. |
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| As a rule, the findings of fact of the trial court when affirmed by the Court of Appeals are final and conclusive, and cannot be reviewed on appeal by this Court as long as they are borne out by the record or are based on substantial evidence. It is not the function of the Court to analyze or weigh all over again the evidence or premises supportive of such factual determination. The Court has consistently held that the findings of the Court of Appeals and other lower courts are, as a rule, accorded great weight, if not binding upon it, save for the most compelling and cogent reasons.[113] There is no justification for the Court to deviate from the factual findings of the RTC-Branch 3 and the Court of Appeals which are clearly supported by the evidence on record. | |||||
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2009-12-23 |
NACHURA, J. |
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| As a rule, the findings of fact of the trial court when affirmed by the CA are final and conclusive on, and cannot be reviewed on appeal by, this Court as long as they are borne out by the records or are based on substantial evidence. The Court is not a trier of facts, its jurisdiction being limited to reviewing only errors of law that may have been committed by the lower courts.[17] But to appease any doubt on the correctness of the assailed ruling, we have carefully perused the records and, nonetheless, arrived at the same conclusion. | |||||
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2009-06-30 |
VELASCO JR., J. |
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| As a rule, the findings of fact of the trial court when affirmed by the CA are final and conclusive on, and cannot be reviewed on appeal by, this Court as long as they are borne out by the record or are based on substantial evidence. The Court is not a trier of facts, its jurisdiction being limited to reviewing only errors of law that may have been committed by the lower courts.[24] This is applicable to the instant case. | |||||
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2008-02-11 |
AUSTRIA-MARTINEZ, J. |
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| The issue raises a factual question. The Court is not a trier of facts, its jurisdiction being limited to reviewing only errors of law that may have been committed by the lower courts.[9] As a rule, the findings of fact of the trial court when affirmed by the CA are final and conclusive and cannot be reviewed on appeal by this Court, as long as they are borne out by the record or are based on substantial evidence.[10] Such rule however is not absolute, but is subject to well-established exceptions, which are: 1) when the inference made is manifestly mistaken, absurd or impossible; 2) when there is a grave abuse of discretion; 3) when the finding is grounded entirely on speculations, surmises or conjectures; 4) when the judgment of the CA is based on a misapprehension of facts; 5) when the findings of facts are conflicting; 6) when the CA, in making its findings, went beyond the issues of the case, and those findings are contrary to the admissions of both appellant and appellee; 7) when the findings of the CA are contrary to those of the trial court; 8) when the findings of fact are conclusions without citation of specific evidence on which they are based; 9) when the CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion; and 10) when the findings of fact of the CA are premised on the absence of evidence and are contradicted by the evidence on record.[11] We hold that this case falls under exception Nos. 1, 3, 4, and 9 which constrain us to resolve the factual issue. | |||||
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2006-05-02 |
QUISUMBING, J. |
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| In the present case, petitioner has the burden of showing that it exercised extraordinary diligence in the transport of the goods it had on board in order to invoke the limited liability doctrine. Differently put, to limit its liability to the amount of the insurance proceeds, petitioner has the burden of proving that the unseaworthiness of its vessel was not due to its fault or negligence. Considering the evidence presented and the circumstances obtaining in this case, we find that petitioner failed to discharge this burden. It initially attributed the sinking to the typhoon and relied on the BMI findings that it was not at fault. However, both the trial and the appellate courts, in this case, found that the sinking was not due to the typhoon but to its unseaworthiness. Evidence on record showed that the weather was moderate when the vessel sank. These factual findings of the Court of Appeals, affirming those of the trial court are not to be disturbed on appeal, but must be accorded great weight. These findings are conclusive not only on the parties but on this Court as well.[24] | |||||