This case has been cited 3 times or more.
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2014-06-09 |
LEONEN, J. |
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| Contrary to petitioners' claim, the questions they raised in their petition for relief from judgment were not pure questions of law. They raise the authenticity of the Spouses Bartolome's signatures on the deed of real estate mortgage and the allegedly excusable negligence of their counsel. These are questions of fact which put at issue the truth of the facts alleged in the petition for relief from judgment.[47] Petitioners cannot cite Progressive Development Corporation, Inc. v. Court of Appeals[48] where this court held that "[t]he filing of the motion for reconsideration before availing of the remedy of certiorari is not sine qua non when the issues raised is one purely of law."[49] | |||||
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2006-01-23 |
CARPIO, J. |
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| The question of forgery is one of fact.[21] Petitioners improperly raise such claim in this petition for review on certiorari in which parties can raise only questions of law.[22] | |||||