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[G.R. No. 140161.November 15, 1999]

SILANG FEEDS vs. ASIA GREENFIELD FARM AND CA

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 15 1999 .

G.R. No. 140161(Silang Feeds, Inc. vs. Asia Greenfield Farm, Inc., and The Court of Appeals.)

Petitioner assails the decision of the Court of Appeals which affirmed, except for the award of attorney's fees to respondent, the decision of the Regional Trial Court of Makati awarding respondent damages arising from the death of private respondent's ducks.Petitioner submits only one ground for review, to wit, whether the poultry feeds it manufactured and sold to private respondent was the cause for the death of the latter's ducks.The petition thus raises only questions of fact.Both the trial court and the Court of Appeals found petitioner liable for the death of said animals.It is well settled that findings of fact by the trial court, especially when affirmed by the Court of Appeals, are binding upon this Court.While there are exceptions to this rule, such as when there is a misapprehension of facts, this case does not come under the exception, petitioner's claims to the contrary notwithstanding.The Court finds that the Court of Appeals did not commit reversible error in affirming the decision of the Regional Trial Court finding petitioner liable for damages resulting from the death of respondent's ducks.

ACCORDINGLY, the petition is DENIED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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