This case has been cited 1 times or more.
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2003-10-03 |
TINGA, J. |
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| The resolution of the issues presented before this Court by Naguiat involves the determination of facts, a function which this Court does not exercise in an appeal by certiorari. Under Rule 45 which governs appeal by certiorari, only questions of law may be raised[12] as the Supreme Court is not a trier of facts.[13] The resolution of factual issues is the function of lower courts, whose findings on these matters are received with respect and are in fact generally binding on the Supreme Court.[14] A question of law which the Court may pass upon must not involve an examination of the probative value of the evidence presented by the litigants.[15] There is a question of law in a given case when the doubt or difference arises as to what the law is on a certain state of facts; there is a question of fact when the doubt or difference arises as to the truth or the falsehood of alleged facts.[16] | |||||