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1 Penned by Associate Justice Emeterio Cui and concurred in by Associate Justices Corona Ibay Somera and Oswaldo D. Agcaoili.

2 Rollo, p.20

3 Ibid., p.21

4 Supra, pp. 19-20

5 Petition, Rollo, pp.25-32

6 Comment on the Petition, Rollo, pp.147-150

7 Meneses vs. Court of Appeals, 246 SCRA 162; Tay Chun Suy vs. Court of Appeals, 229 SCRA 151; First Philippine International Bank v. CA, 252 SCRA 259; Fortune Motors Phils. Corp vs. CA, 267 SCRA 653

8 Inland Trailways Inc. v. CA, 255 SCRA 178

9 266 SCRA 71

10 Instances when the findings of fact of the trial court and/or Court of Appeals may be reviewed by the Supreme Court are: (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) 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 finding of fact of the Court of Appeals is premised on the supposed absence of evidence and is contradicted by the evidence on record. (Misa vs. Court of Appeals, 212 SCRA 217)

11 Rollo, p.120

12 Civil Code of the Philippines

13 Rollo, p.20

14 Article 1370, Civil Code.

15 Ibid.

16 Philippine Airlines, Inc. v. Court of Appeals, 255 SCRA 48. See also Sweet Lines, Inc. v. Teves, 83 SCRA 361 and Pan American World Airways, Inc. v. Rapadas, et al., 209 SCRA 67.

17 RTC decision, p. 14 (page 214 of Rollo)

18 Ibid.

19 Ibid., p.12 (page 212 of Rollo)

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