This case has been cited 2 times or more.
|
2015-09-02 |
VILLARAMA, JR., J. |
||||
| When the credibility of the witness is in issue, the settled rule is that the trial court's assessment thereof is accorded great weight by appellate courts absent any showing that the trial court overlooked certain matters which, if taken into consideration, would have materially affected the outcome of the case.[32] And where the trial court's findings have been affirmed by the CA, these are generally binding and conclusive upon this Court.[33] The determination of the credibility of witnesses is best left to the trial court judge because of his untrammeled opportunity to observe directly the demeanor of a witness on the stand and, thus, to determine whether he or she is telling the truth.[34] After a circumspect scrutiny of the records of the case, we find no reason to modify, alter or reverse the factual finding of the lower court and affirmed by the CA that in the afternoon of July 11, 2007, appellant received money from Emelina; used his service motorcycle; and disappeared with the money and the motorcycle. | |||||
|
2011-03-09 |
PEREZ, J. |
||||
| To seek recovery of actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable.[55] In this case, the Court finds that the only evidence presented to prove the actual damages incurred was the itemized list of damaged and lost items[56] prepared by Engineer Cabrega, an engineer commissioned by the Spouses Bombasi to estimate the costs. | |||||