This case has been cited 2 times or more.
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2015-02-18 |
PERALTA, J. |
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| Time and again, it has been ruled that whether a person is negligent or not is a question of fact which this Court cannot pass upon in a petition for review on certiorari, as its jurisdiction is limited to reviewing errors of law.[10] This Court is not bound to weigh all over again the evidence adduced by the parties, particularly where the findings of both the trial and the appellate courts on the matter of petitioners' negligence coincide. As a general rule, therefore, the resolution of factual issues is a function of the trial court, whose findings on these matters are binding on this Court, more so where these have been affirmed by the Court of Appeals,[11]save for the following exceptional and meritorious circumstances: (1) when the factual findings of the appellate court and the trial court are contradictory; (2) when the findings of the trial court are grounded entirely on speculation, surmises or conjectures; (3) when the lower court's inference from its factual findings is manifestly mistaken, absurd or impossible; (4) when there is grave abuse of discretion in the appreciation of facts; (5) when the findings of the appellate court go beyond the issues of the case, or fail to notice certain relevant facts which, if properly considered, will justify a different conclusion; (6) when there is a misappreciation of facts; (7) when the findings of fact are themselves conflicting; and (8) when the findings of fact are conclusions without mention of the specific evidence on which they are based, are premised on the absence of evidence, or are contradicted by evidence on record.[12] | |||||