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Hemedes vs. Court of Appeals [SEPARATE OPINION, DISSENTING, MELO, J.]

MAXIMA HEMEDES, petitioner, vs. THE HONORABLE COURT OF APPEALS, DOMINIUM REALTY AND CONSTRUCTION CORPORATION, ENRIQUE D. HEMEDES, and R & B INSURANCE CORPORATION, respondents.

G.R. No. 107132 | 1999-10-08

DISSENTING OPINION
 
MELO, J., Dissenting
 
I find myself unable to join the majority. The opinion written by my esteemed colleague, Madame Justice Minerva Gonzaga-Reyes, will have far-searching ramification on settled dotrines concerning the finality and conclusiveness of the factual findings of the trial court in view of its unique advantage of being able to observe at first-hand the demeanor and deportment of witnesses, and especially when such findings of facts are affirmed by the Court of Appeals, which is the final arbiter of questions of fact (People vs. Edaño, 64 SCRA 675 [1975]; People vs. Tala, 141 SCRA...