This case has been cited 4 times or more.
2015-07-29 |
BRION, J. |
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In Far Eastern Surety and Insurance v. People,[16] we explained that a question of law arises when there is doubt as to what the law is on a certain state of facts. Its resolution does not involve an examination of the probative value of the evidence presented by the litigants, and relies solely on what the law provides on a given set of facts. If the facts are disputed or if the issues require an examination of the evidence, the question posed is one of fact. The test is not the appellation given to a question by the party raising it, but whether the appellate court could resolve the issue without examining or evaluating the evidence.[17] | |||||
2015-07-01 |
PERLAS-BERNABE, J. |
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On the preliminary procedural issue,Rule 41 of the Rules of Court (Rules) provides for three (3) ways by which an appeal from the RTC’s decision may be undertaken, depending on the nature of the attendant circumstances of the case, namely: (a) an ordinary appeal to the CA in cases decided by the RTC in the exercise of its original jurisdiction; (b) a petition for review to the CA in cases decided by the RTC in the exercise of its appellate jurisdiction; and (c) a petition for review on certiorari directly filed with the Court where only questions of law are raised or involved.[29]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 is filed with the Court only on questions of law.[30] | |||||
2014-11-26 |
LEONEN, J. |
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A question of fact exists when there is doubt as to the truth or falsity of the alleged facts.[109] On the other hand, there is a question of law if the appeal raises doubt as to the applicable law on a certain set of facts.[110] | |||||
2014-11-26 |
LEONEN, J. |
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A question of fact exists when there is doubt as to the truth or falsity of the alleged facts.[109] On the other hand, there is a question of law if the appeal raises doubt as to the applicable law on a certain set of facts.[110] |