This case has been cited 2 times or more.
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2014-09-03 |
DEL CASTILLO, J. |
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| However, "the existence of bad faith is a question of fact and is evidentiary; x x x it requires that the reviewing court look into the evidence to find if indeed there is proof that is substantial enough to show such bad faith."[24] However, this Court is not a trier of facts; it is "not duty-bound to analyze again and weigh the evidence introduced in and considered by the tribunals below. When supported by substantial evidence, the findings of fact of the CA are conclusive and binding on the parties and are not reviewable by this Court x x x."[25] This being the case, the instant Petition must fail because a question of fact cannot properly be raised in a petition for review on certiorari.[26] An appeal by petition for review on certiorari under Rule 45 shall raise only questions of law.[27] Indeed, there are recognized exceptions to this rule, to wit: (a) When the findings are grounded entirely on speculation, surmises, or conjectures; | |||||
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2014-09-03 |
DEL CASTILLO, J. |
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| However, "the existence of bad faith is a question of fact and is evidentiary; x x x it requires that the reviewing court look into the evidence to find if indeed there is proof that is substantial enough to show such bad faith."[24] However, this Court is not a trier of facts; it is "not duty-bound to analyze again and weigh the evidence introduced in and considered by the tribunals below. When supported by substantial evidence, the findings of fact of the CA are conclusive and binding on the parties and are not reviewable by this Court x x x."[25] This being the case, the instant Petition must fail because a question of fact cannot properly be raised in a petition for review on certiorari.[26] An appeal by petition for review on certiorari under Rule 45 shall raise only questions of law.[27] Indeed, there are recognized exceptions to this rule, to wit: (a) When the findings are grounded entirely on speculation, surmises, or conjectures; | |||||