Lawyerly

You're currently signed in as:
User

FLORA LEONCIO v. OLYMPIA DE VERA and CELSO DE VERA

This case has been cited 4 times or more.

	GR No. 180651 2014-07-30	NURSERY CARE CORPORATION v. ANTHONY ACEVEDO BERSAMIN, J.
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]
	GR No. 192100 2014-03-12	REPUBLIC v. ASIA PACIFIC INTEGRATED STEEL CORPORATION VILLARAMA, JR., J.
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.[20] In this case, the only legal issue raised by petitioner is whether the trial court based its determination of just compensation on the factors provided under existing laws and jurisprudence.
	GR No. 184116 2013-06-19	CENTURY IRON WORKS v. ELETO B. BAÑAS BRION, J.
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 question 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.[32]
	GR No. 182148 2011-06-08	SIME DARBY PILIPINAS v. GOODYEAR PHILIPPINES MENDOZA, J.
Well-settled is the rule that a petition for review on certiorari under Rule 45 of the Rules of Court should only include questions of law since questions of fact are not reviewable. A question of law arises when there is doubt as to what the law is on a certain state of facts, while a question of fact exists when the doubt arises as to the truth or falsity of the alleged facts. For a question to be one of law, it must not involve an examination of the probative value of the evidence presented by any of the litigants. The resolution of the issue must rest solely on what the law provides under a given set of circumstances. Once it is clear that the issue invites a review of the evidence presented, then 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 resolve the question raised without reviewing or evaluating the evidence, in which case, it is a question of law; otherwise it is a question of fact. [22]