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Napoleon Tugade, Sr., And Rizalina Fabro-Tugade, Substituted By Her Heirs, Namely, Napoleon Sr., Napoleon Jr., And Zenaida, All Surnamed Tugade Vs. CA And Pangasinan Electric Cooperative, Inc., Respondents.

NAPOLEON TUGADE, SR., and RIZALINA FABRO-TUGADE, substituted by her heirs, namely, Napoleon Sr., Napoleon Jr., and Zenaida, all surnamed TUGADE, petitioners, vs. COURT OF APPEALS and PANGASINAN ELECTRIC COOPERATIVE, INC., respondents.

G.R. No. 120874 | 2003-07-31

D E C I S I O N

AUSTRIA-MARTINEZ, J.:

While this Court is not a trier of facts, there are instances however when we are called upon to re-examine the factual findings of the trial court and the Court of Appeals and weigh, after considering the records of the case, which of the conflicting findings is more in accord with law and justice.[1] Such is the case at bar.

The antecedent facts of this case are as follows:

On June 12, 1980 at around 12:00 noon, Engr. Henry Tugade of the Pangasinan Electric Cooperative, Inc. (Panelco) rode in a company rover jeep together with four other employees bound from the Panelco compound in Bani to...