Question of Fact Vs Question of Law

Decisions, final orders or resolutions of the CA, in any case, i.e.
, regardless of the Multiple appeal

nature of the action or proceedings involved, may be appealed to the Court by filing
a petition for review under Rule 45 of the Rules of Court. Through this remedy, the The case at bar is not one where multiple appeals can be taken or are necessary.
Court reviews errors of judgment allegedly committed by the CA. On the other hand, Multiple appeals are allowed in special proceedings, in actions for recovery of
a petition for certiorari under Rule 65 is not an appeal but a special civil action property with accounting,16 in actions for partition of property with accounting, in the
restricted to resolving errors of jurisdiction and grave abuse of discretion, not errors special civil actions of eminent domain18 and foreclosure of mortgage. The rationale
of judgment. behind allowing more than one appeal in the same case is to enable the rest of the
case to proceed in the event that a separate and distinct issue is resolved by the
(Petition for review) Rule 65 - is not an appeal but a special civil action court and held to be final.
restricted to resolving errors of jurisdiction and grave abuse of discretion
(a special civil action/an original action for Certiorari) Question of Fact vs. one of Law
The extraordinary remedy of certiorari is proper if the tribunal, board, or In Republic of the Philippines v. Malabanan,15 this Court distinguished a
officer exercising judicial or quasi-judicial functions acted without or in question of law from a question of fact. A question of law arises when
grave abuse of discretion amounting to lack or excess of jurisdiction and there is doubt as to what the law is on a certain state of facts, while there
there is no appeal or any plain, speedy, and adequate remedy in law. is a question of fact when the doubt arises as to the truth or falsity of the
By its nature, a petition for certiorari lies only where there is “no appeal,” alleged facts. For a question to be one of law, the same must not involve
and “no plain, speedy and adequate remedy in the ordinary course of an examination of the probative value of the evidence presented by the
law.” [Nippon Paint Employees Union-Olalia v. Court of Appeals , G.R. No. litigants or any of them. The resolution of the issue must rest solely on
159010, 19 November 2004, 443 SCRA 286, 291] A remedy is considered what the law provides on the given set of circumstances. Once it is clear
“plain, speedy and adequate” if it will promptly relieve the petitioners from that the issue invites a review of the evidence presented, the question
the injurious effects of the judgment and the acts of the lower court or posed is one of fact. Thus, the test of whether a question is one of law or
agency. of fact is not the appellation given to such question by the party raising the
same; rather, it is whether the appellate court can determine the issue
(Petition for Review on Certiorari) Rule 45 - this remedy, the Court raised without reviewing or evaluating the evidence, in which case, it is a
reviews errors of judgment allegedly committed by the CA. (an appeal by question of law; otherwise it is a question of fact.
certiorari) https://lawphil.net/judjuris/juri2011/sep2011/gr_190994_2011.html
https://www.sunstar.com.ph/article/1850296/Cebu/Business/Almirante- The requirement that when the appeal (to the Supreme Court) is based on
Difference-between-certiorari-under-Rules-45-and-65 pure question of law "the appellant shall so state in his notice of appeal"
does not mean that right in the notice of appeal the questions of law to be
raised must be specified. That requirement is simply for the purpose of
The extraordinary remedy of certiorari is proper if the tribunal, board, or officer determining whether, or not, there is necessity for the transmission to the
exercising judicial or quasi-judicial functions acted without or in grave abuse of Supreme Court of the record of the evidence adduced during the trial.
discretion amounting to lack or excess of jurisdiction and there is no appeal or any
plain, speedy, and adequate remedy in law. The law prescribes the cases that are appealable directly from the Court
of First Instance to the Supreme Court, but if the appellant manifests that
A petition for review, on the other hand, seeks to correct errors of judgment the appeal is based purely on questions of law he should so state in his
committed by the court, tribunal, or officer.
notice of appeal so that the record of the evidence would not be 5. Prohibition
transmitted to the Supreme Court. Thus if the subject matter of a civil case
6. Eminent Domain
before the Court of First Instance is valued at more than P200,000.00, for
instance, the decision of the Court of First Instance is appealable directly 7. Declaratory Relief
to the Supreme Court — and both questions of fact and law may be 8. Quo warranto
reviewed by the Supreme Court. 9. Partition of real estate
10. Foreclosure of mortgage
Here is a case where it is necessary to state in the notice of appeal that 11. Unlawful detainer
the appeal is based on purely question of law — otherwise if there is no
12. Forcible Entry
such statement in the notice of appeal the entire records of the case will
have to be remitted to the Supreme Court. It is understood that in cases
which are not appealable directly from the Court of First Instance to the
Supreme Court a notice of appeal to the Supreme Court will only relate to
questions of law. https://lawphil.net/judjuris/juri1966/nov1966/gr_l-
19616_1966.html
Provisional Remedies
Provisional remedies (ancillary/auxiliary)
Writs and processes available during the pendency of the action which may be
resorted to by a litigant to preserve and protect rights and interests therein pending
rendition, and for the purpose of ultimately affecting a final judgment in the case.
Special Civil Actions
Types of Special Civil Actions https://lawphilreviewer.wordpress.com/tag/civil-

procedure-rules-51-60/
1. Mandamus
2. Interpleader
3. Certiorari
4. Contempt

Question of Fact Vs Question of Law

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Question of Fact Vs Question of Law

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Decisions, final orders or resolutions of the CA, in any case, i.e.

, regardless of the Multiple appeal

Provisional remedies (ancillary/auxiliary)

Special Civil Actions

Types of Special Civil Actions https://lawphilreviewer.wordpress.com/tag/civil-

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