This case has been cited 2 times or more.
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2005-08-29 |
CARPIO, J. |
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| We find the appeal meritorious. While only questions of law may be raised in a petition for review under Rule 45 of the 1997 Rules of Civil Procedure, review of the lower courts' findings of fact may be granted under certain exceptions.[10] One of the exceptions is when the judgment of the appellate court is premised on a misapprehension of facts.[11] Another is when the findings of fact are premised on the supposed absence of evidence but is contradicted by the evidence on record.[12] Also, this Court may review findings of fact when the conclusion of the appellate court manifestly overlooked certain facts not disputed by the parties and which, if properly considered, would justify a different conclusion.[13] | |||||
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2005-07-29 |
CARPIO, J. |
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| We find the appeal meritorious. While only questions of law may be raised in a petition for review under Rule 45 of the 1997 Rules of Civil Procedure, review of the lower courts' findings of fact may be granted under certain exceptions.[10] One of the exceptions is when the judgment of the appellate court is premised on a misapprehension of facts.[11] Another is when the findings of fact are premised on the supposed absence of evidence but is contradicted by the evidence on record.[12] Also, this Court may review findings of fact when the conclusion of the appellate court manifestly overlooked certain facts not disputed by the parties and which, if properly considered, would justify a different conclusion.[13] | |||||