This case has been cited 4 times or more.
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2014-07-30 |
BERSAMIN, J. |
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| The distinction between a question of law and a question of fact is well established. On the one hand, a question of law arises when there is doubt as to what the law is on a certain state of facts; on the other, there is a question of fact when the doubt arises as to the truth or falsity of the alleged facts.[24] According to Leoncio v. De Vera:[25] | |||||
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2014-07-23 |
PERALTA, J. |
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| Petitioner's argument is misplaced. In Latorre v. Latorre,[18] we ruled that: Sections 1 and 2, Rule 4 of the 1997 Rules of Civil Procedure provide an answer to the issue of venue. Actions affecting title to or possession of real property or an interest therein (real actions) shall be commenced and tried in the proper court that has territorial jurisdiction over the area where the real property is situated. On the other hand, all other actions (personal actions) shall be commenced and tried in the proper courts where the plaintiff or any of the principal plaintiffs resides or where the defendant or any of the principal defendants resides. x x x. | |||||
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2013-11-20 |
BRION, J. |
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| The first mode of appeal under Rule 41 of the Rules is available on questions of fact or mixed questions of fact and of law. The second mode of appeal, governed by Rule 42 of the Rules, is brought to the CA on questions of fact, of law, or mixed questions of fact and of law. The third mode of appeal under Rule 45 of the Rules of Court is filed with the Court only on questions of law.[8] It is only where pure questions of law are raised or involved can an appeal be brought to the Court via a petition for review on certiorari under Rule 45.[9] | |||||
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2011-11-16 |
PERALTA, J. |
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| 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.[16] This Court's ruling in Velayo-Fong v. Velayo[17] is instructive: 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.[18] | |||||