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given in evidence against him.
[13] Court of Appeals Decision, Rollo, p. 36.
[14] TSN, May 21, 1990, p. 61; Court of Appeals Decision, Rollo, p. 38.
[15] Petitioner’s Memorandum, Rollo, pp. 310-332, at pp. 312-313; On October 21,
1998, the Court gave due course to the petition, Rollo, p. 274.
[16] Petition for Review, filed on December 1, 1997, Rollo, pp. 8-24.
[17] Rivera v. Court of Appeals, 348 Phil. 734, 742 [1998].
[18] Ibid., p. 743.
[19] Gold Loop Properties, Inc. v. Court of Appeals, 306 SCRA 639, 652 [1999].
[20] Tinio v. Manzano, 307 SCRA 460, 469 [1999].
[21] In Sta. Maria v. Court of Appeals, 285 SCRA 351 [1998], the Court enumerated
some of the instances when the factual findings of the Court of Appeals are not deemed
conclusive, to wit: (1) when the findings are grounded entirely on speculation,
surmises, or conjectures; (2) when the inference made is manifestly mistaken, absurd,
or impossible; (3) when there is 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 in making its findings the Court of Appeals went beyond the issues of the case, or
its findings are contrary to the admissions of both the appellant and the appellee; (7)
when the findings are contrary to those of the trial court; (8) when the findings 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 petitioner’s main and reply briefs are not
disputed by the respondent; and (10) when the findings of fact are premised on the
supposed absence of evidence and contradicted by the evidence on record.
[22] Castilex Industrial Corporation v. Vasquez, Jr., 321 SCRA 393, 403 [1999].
[23] TSN, May 28, 1990, p. 125; TSN, June 4, 1990, p. 7; TSN, June 11, 1990, pp. 202-
203.
[24] Luxuria Homes, Inc. v. Court of Appeals, 302 SCRA 315, 325 [1999].
[25] Ceremonia v. Court of Appeals, 314 SCRA 731, 736 [1999].
[26] Complaint, Regional Trial Records, p. 2.
[27] TSN, July 6, 1990, p. 290.
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