This case has been cited 1 times or more.
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2016-01-13 |
SERENO, C.J. |
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| At this juncture, we note that the CA, for reasons unknown, specified 29 September 1980,[52] and not 29 March 1981, as the date of the execution of the Contract to Sell in its Decision. Respondent Qua has raised this point in her Memorandum filed with us. This Court cannot be bound by the factual finding of the CA with regard to the date of the Contract to Sell in favor of Cahayag. The general rule that the Court is bound by the factual findings of the CA must yield in this case, as it falls under one of the exceptions: when the findings of the CA are contradicted by the evidence on record.[53] In this case, there is nothing in the records to support the CA's conclusion that the Contract to Sell was executed on 29 September 1980. The evidence on record, however, reveals that the correct date is 29 March 1981. | |||||