This case has been cited 6 times or more.
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2011-09-21 |
PEREZ, J. |
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| Considering that they involve questions of fact, neither are we inclined to hospitably entertain the Spouses Realubit's insistence on the supposed fact that Josefina's joint venture with Biondo had already been dissolved and that the ice manufacturing business at 66-C Cenacle Drive, Sanville Subdivision, Project 6, Quezon City was merely a continuation of the same business they previously operated under a single proprietorship. It is well-entrenched doctrine that questions of fact are not proper subjects of appeal by certiorari under Rule 45 of the Rules of Court as this mode of appeal is confined to questions of law.[33] Upon the principle that this Court is not a trier of facts, we are not duty bound to examine the evidence introduced by the parties below to determine if the trial and the appellate courts correctly assessed and evaluated the evidence on record.[34] Absent showing that the factual findings complained of are devoid of support by the evidence on record or the assailed judgment is based on misapprehension of facts, the Court will limit itself to reviewing only errors of law.[35] | |||||
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2006-11-22 |
CALLEJO, SR.,J. |
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| We note that in its Order dated March 17, 2004, the RTC declared that the case was submitted for decision only for the interpretation of the contract to buy and sell and not for damages, presumably because such claim must be supported by evidence. Indeed, the RTC declared that the case could not be submitted for summary judgment unless the respondent waived his claim for damages,[78] and the latter did waive his claim therefor and submitted the case for decision.[79] Nevertheless, the trial court granted respondent's claim for damages by way of rentals of the property and worse, allowed execution pending appeal. It bears stressing that reasonable compensation or rental partakes of the nature of actual damages, and for a party to be entitled to actual damages, he must adduce the best evidence obtainable.[80] | |||||
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2006-08-07 |
CHICO-NAZARIO, J. |
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| Moreover, absence any strong or compelling reason, this Court is not disposed to apply the doctrine of laches to prejudice or defeat the rights of an owner.[29] Laches is a creation of equity and its application is controlled by equitable considerations. Laches cannot be used to defeat justice or perpetuate an injustice. Neither should its application be used to prevent the rightful owners of a property from recovering what has been fraudulently registered in the name of another.[30] | |||||
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2006-04-19 |
CALLEJO, SR., J. |
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| It is settled that actual damages or compensatory damages may be awarded for breach of contracts. Actual damages are primarily intended to simply make good or replace the loss covered by said breach.[67] They cannot be presumed. Even if petitioner had admitted to having breached the Undertaking, respondent must still prove that it suffered damages and the amount thereof.[68] In determining the amount of actual damages, the Court cannot rely on mere assertions, speculations, conjectures or guesswork but must depend on competent proof and on the best evidence obtainable regarding the actual amount of losses.[69] The benefit to be derived from a contract which one of the parties has absolutely failed to perform is of necessity to some extent a matter of speculation of the injured party. | |||||
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2004-11-22 |
TINGA, J, |
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| The jurisdiction of the Supreme Court in a petition for review under Rule 45 of the Rules of Court is limited to reviewing only errors of law, not fact, unless the factual findings complained of are devoid of support by the evidence on record or the assailed judgment is based on misapprehension of facts.[30] In BPI Investment Corporation v. D.G. Carreon Commercial Corporation,[31] this Court ruled:There are instances when the findings of fact of the trial court and/or Court of Appeals may be reviewed by the Supreme Court, such as (1) when the conclusion is a finding grounded entirely on speculation, surmises and conjectures; (2) when the inference made is manifestly mistaken, absurd or impossible; (3) where there is a grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when the findings of fact are conflicting; (6) when the Court of Appeals, in making its findings, went beyond the issues of the case and the same is 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 of fact 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 petitioners' main and reply briefs are not disputed by the respondents; and (10) the findings of fact of the Court of Appeals are premised on the supposed absence of evidence and contradicted by the evidence on record.[32] | |||||
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2003-04-22 |
PANGANIBAN, J. |
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| A purchaser in good faith and for value is one who buys the property of another without notice that some other person has a right to or interest in it, and who pays therefor a full and fair price at the time of the purchase or before receiving such notice.[40] | |||||