This case has been cited 5 times or more.
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2013-08-13 |
SERENO, C.J. |
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| Some of the incidents of this case have been previously resolved by this Court in Elenita S. Binay, in her capacity as Mayor of the City of Makati, Mario Rodriguez and Priscilla Ferrolino v. Emerita Odeña, docketed as G.R. No. 163683, in a Decision dated 08 June 2007 (hereinafter, the 2007 Decision).[4] This Court ruled therein that respondent had been illegally dismissed and was thus ordered to be reinstated and paid her backwages, computed from date of dismissal up to date of reinstatement, but in no case to exceed five (5) years.[5] | |||||
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2013-08-13 |
SERENO, C.J. |
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| Consequently, petitioner moved for reconsideration, but the motion was denied.[11] Aggrieved, it filed a Rule 43 Petition appealing the findings of the CSC to the CA.[12] | |||||
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2013-08-13 |
SERENO, C.J. |
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| WHEREFORE, the petition is DISMISSED for lack of merit. CSC Resolution No. 010962 dated May 29, 2001[85] and CSC Resolution No. 021491 dated November 18, 2002[86] are affirmed, without prejudice to the filing of whatever appropriate disciplinary case against Emerita Odeña, and subject to the modification that payment of her back salaries shall be computed from date of dismissal up to date of reinstatement, but in no case to exceed five (5) years. | |||||
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2012-02-15 |
LEONARDO-DE CASTRO, J. |
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| The distinction between a question of law and one of fact has long been settled. In Binay v. Odeña[33] we said: A question of law arises when there is doubt as to what the law is on a certain state of facts, while there is a question of fact when the doubt arises as to the truth or falsity of the alleged facts. For a question to be one of law, the same must not involve an examination of the probative value of the evidence presented by the litigants or any of them. The resolution of the issue must rest solely on what the law provides on the given set of circumstances. Once it is clear that the issue invites a review of the evidence presented, the question posed is one of fact. Thus, the test of whether a question is one of law or of fact is not the appellation given to such question by the party raising the same; rather, it is whether the appellate court can determine the issue raised without reviewing or evaluating the evidence, in which case, it is a question of law; otherwise it is a question of fact.[34] | |||||
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2011-03-23 |
PEREZ, J. |
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| [18] Binayv. Odeña, G.R. No. 163683, 8 June 2007, 524 SCRA 248, 255-256. | |||||