(1) Ratio On questions of appreciation of evidence, factual findings of the lower court are not subject to review by this

Court. Reasoning The reasoning used precedence to arrive at this ratio. Applying the rule, it can be said therefore, that the findings of the Court of Appeals that the mortgagedebtors have not in fact violated their contract because SSS accepted their installment payments although given late will not be disturbed on appeal. (2) Ratio An entity performing governmental functions, by virtue of the explicit provision of an enabling law, is deemed to have waived immunity from suit, although it does not thereby concede its liability. Reasoning Again, the leg of reasoning is ratio by precedence, citing Rayo v. Court of First Instance of Bulacan, (110 SCRA 457), which involved the National Power Corporation as an entity performing governmental functions. In that case it said, It is sufficient to say that the government has organized a private corporation, put money in it and has allowed it to site and be sued in any court under its charter. The enabling law is R.A. No. 6395. Applying this rule in the present case, the SSS own organic act specifically provides that it can sue and be sued in Court, the enabling law being R.A. 1161 and P.D. 24. Hence, theres a statutory consent by the SSS to waive right of immunity from suit. (3) Ratio No moral and/or temperate damages is to be adjudged against a party which commenced foreclosure proceedings in view of the irregular payments of the debtor of his installments. Decision (1) The ruling of the lower courts remain. While it is true that the payments of the monthly installments were previously not regular, it is a fact that as of June 30, 1968 the appellee, David B. Cruz and Socorro Concio-Cruz were up-to-date and current in the payment of their monthly installments. Having accepted the prior late payments of the monthly installments, the appellant could no longer suddenly and without prior notice to the mortgagors apply for the extra-judicial foreclosure of the mortgage. (2) SSS is deemed to have waived its immunity from suit. (3) SSS cannot be held liable for damages.