This case has been cited 4 times or more.
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2007-09-27 |
SANDOVAL-GUTIERREZ, J. |
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| We do not agree. A question of fact exists when the doubt or difference arises as to the truth or falsehood of facts or when the query invites calibration of the whole evidence, considering mainly the credibility of the witnesses, the existence and relevancy of specific surrounding circumstances, as well as their relation to each other and to the whole, and the probability of the situation.[6] A question of law exists when the doubt or controversy concerns the correct application of law or jurisprudence to a certain set of facts; or when the issue does not call for an examination of the probative value of the evidence presented, the truth or falsehood of facts being admitted.[7] | |||||
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2005-11-18 |
CALLEJO, SR., J. |
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| The instant petition filed under Rule 45 of the Rules of Court is improper for another reason the petitioner also raised factual issues. Section 1 of Rule 45 of the Rules of Court provides that only questions of law may be raised in this Court on a petition for review. In Republic v. Sandiganbayan,[19] this Court distinguished a question of fact from a question of law:... A question of law exists when the doubt or controversy concerns the correct application of law or jurisprudence to a certain set of facts; or when the issue does not call for an examination of the probative value of the evidence presented, the truth or falsehood of facts being admitted. A question of fact exists when the doubt or difference arises as to the truth or falsehood of facts or when the query invites calibration of the whole evidence considering mainly the credibility of the witnesses, the existence and relevancy of specific surrounding circumstances as well as their relation to each other and to the whole, and the probability of the situation. | |||||
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2004-08-24 |
DAVIDE JR., CJ. |
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| Basic is the distinction between legal and factual issues. A question of law exists when the doubt or controversy concerns the correct application of law or jurisprudence to a certain set of facts; or when the issue does not call for an examination of probative value of the evidence presented, the truth or falsehood of facts being admitted. A question of fact exists when the doubt or difference arises as to the truth or falsehood of facts or when the query invites calibration of the whole evidence considering mainly the credibility of witnesses, the existence and relevancy of specific surrounding circumstances, as well as their relation to each other and to the whole, and the probability of the situation.[22] | |||||
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2003-06-10 |
PANGANIBAN, J. |
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| "A question of law exists when the doubt or controversy concerns the correct application of law or jurisprudence to a certain set of facts; or when the issue does not call for an examination of the probative value of the evidence presented, the truth or falsehood of facts being admitted. A question of fact exists when the doubt or difference arises as to the truth or falsehood of facts or when the query invites calibration of the whole evidence considering mainly the credibility of the witnesses, the existence and relevancy of specific surrounding circumstances as well as their relation to each other and to the whole, and the probability of the situation."[36] Clearly, an examination of the evidence presented is required in the determination of the scope, the extent and the effects of the construction projects, contracts and agreements of petitioner and respondents. Such examination will also determine the liability of the parties between and among them. Hence, we cannot grant the prayer of petitioner that the substantive issues of the case be decided by this Court, since the CA has not yet passed upon the factual issues raised by the parties.[37] | |||||