"At the outset, the Court reiterates that in a petition for review on certiorari under Rule 45 of the Rules of Court, its jurisdiction is generally limited to reviewing errors of law. Section 1, Rule 45 of the Rules of Court states that the petition filed shall raise only questions of law which must be distinctly set forth. The Court explained the difference between a question of fact and a question of law in this wise:
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.24
Here, petitioner argues that the CA erred in holding that the instant ejectment suit is not proper due to the contrasting claims of ownership by both parties. In other words, petitioner is raising the issue of whether the court can resolve an ejectment suit even if both parties claim ownership of the subject property. Clearly, the issue raised is a question of law.
Still, the Court will have to pass upon the factual findings in the case considering the conflicting or contradictory25 decisions of the CA and RTC; thus, the Court is constrained to make its own factual findings in order to resolve the issue presented before it."
G.R. No. 229076, September 16, 2020
MA. LUZ TEVES ESPERAL, PETITIONER, VS. MA. LUZ TROMPETA-ESPERAL AND LORENZ ANNEL BIAOCO, RESPONDENTS.
Link: https://lawphil.net/judjuris/juri2020/sep2020/gr_229076_2020.html
