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EMMA VER REYES v. IRENE MONTEMAYOR

This case has been cited 3 times or more.

2013-10-23
LEONARDO-DE CASTRO, J.
In petitions for review on certiorari under Rule 45 of the Rules of Court, this Court is limited to reviewing only errors of law, not of fact, unless the factual findings complained of are devoid of support by the evidence on record, or the assailed judgment is based on a misapprehension of facts.[27] In Reyes v. Montemayor,[28] we did not hesitate to apply the exception rather than the general rule, setting aside the findings of fact of the trial and appellate courts and looking into the evidence on record ourselves, in order to arrive at the proper and just resolution of the case, to wit: Rule 45 of the Rules of Court provides that only questions of law shall be raised in a Petition for Review before this Court. This rule, however, admits of certain exceptions, namely, (1) when the findings are grounded entirely on speculations, 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 misappreciation of facts; (5) when the findings of fact are conflicting; (6) when, in making its findings, the same are contrary to the admissions of both appellant and appellee; (7) when the findings are contrary to those of 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; and (10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record.
2010-08-25
DEL CASTILLO, J.
Besides, even if it were a factual question, the Court is not precluded to review the same.  The rule that a petition for review should raise only questions of law admits of exceptions, among which are "(1) when the findings are grounded entirely on speculations, 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 misappreciation of facts; (5) when the findings of fact are conflicting; (6) when, in making its findings, the same are contrary to the admissions of both appellant and appellee; (7) when the findings are contrary to those of 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; and (10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record."[36]
2010-03-02
PER CURIAM
The Supreme Court is the highest court of the land with the power to review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of the lower courts.[10] It has the authority to promulgate rules on practice, pleadings and admission to the bar, and suspend the operation of these rules in the interest of justice.[11] Jurisprudence holds, too, that the Supreme Court may exercise these powers over the factual findings of the lower courts, among other prerogatives, in the following instances: (1) when the findings are grounded entirely on speculations, surmises, or conjectures; (2) when the inference made is manifestly mistaken, absurd of impossible; (3) when there is grave abuse of discretion; (4) when the judgment is based on a misappreciation of facts; (5) when the findings of fact are conflicting; (6) when, in making its findings, the same are contrary to the admissions of both appellant and appellee; (7) when the findings are contrary to those of 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; and (10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record.[12] Thus, contrary to the complainants Lozano' assertions in their complaint, the Supreme Court, in the proper cases, can and does rule on factual submissions before it, and even reverses the lower court's factual findings when the circumstances call for this action.