This case has been cited 1 times or more.
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2015-06-22 |
MENDOZA, J. |
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| As to the non-finding of collusion, let it be reiterated that the Court is not a trier of facts. It is not its function to examine and determine the weight of the evidence supporting the assailed decision.[37] This applies with greater force to the present petition because the factual findings of the CA are in full agreement with that of the trial court. These factual findings of the CA are conclusive on the parties and carry even more weight as the said court affirmed the factual findings of the trial court.[38] Both the CA and the RTC ruled that the execution of the mortgage contract was not attended by collusion. The Court finds no reason to disturb the consistent findings of the lower courts. | |||||