This case has been cited 2 times or more.
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2011-09-21 |
PEREZ, J. |
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| The validity as well as the consequences of an assignment of rights in a joint venture are at issue in this petition for review filed pursuant to Rule 45 of the 1997 Rules of Civil Procedure,[1] assailing the 30 April 2007 Decision[2] rendered by the Court of Appeals' (CA) then Twelfth Division in CA-G.R. CV No. 73861,[3] the dispositive portion of which states: | |||||
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2011-09-21 |
PEREZ, J. |
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| Based on the evidence on record, moreover, both the RTC[36] and the CA[37] ruled out the dissolution of the joint venture and concluded that the ice manufacturing business at the aforesaid address was the same one established by Juanita and Biondo. As a rule, findings of fact of the CA are binding and conclusive upon this Court,[38] and will not be reviewed or disturbed on appeal[39] unless the case falls under any of the following recognized exceptions: (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 CA, 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) when the findings of fact of the CA are premised on the supposed absence of evidence and contradicted by the evidence on record.[40] Unfortunately for the Spouses Realubit's cause, not one of the foregoing exceptions applies to the case. | |||||