"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.10 For a question to be one of law, its resolution must not involve an examination of the probative value of the evidence presented by the litigants, but must rely solely on what the law provides on the 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, therefore, is not the appellation given to a question by the party raising it, but whether the appellate court can resolve the issue without examining or evaluating the evidence, in which case, it is a question of law; otherwise, it is a question of fact.11
An examination of the present petition shows that the facts are disputed. The issues of the authenticity and of the validity of the bail bond’s signatures and the authority of its signatories had never been resolved. When the petitioner questioned the RTC’s ruling, it was, in fact, raising the issues of falsity and of forgery of the signatures in the bail bond, which questions are purely of fact.12..."
FAR EASTERN SURETY AND
INSURANCE CO., INC.,
Petitioner,
-versus-
PEOPLE OF THE PHILIPPINES,
Respondent.
G.R. No. 170618
NOV 20, 2013
