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REMEDIAL LAW
Factual-issue-bar Rule - Petition for review under Rule 45 is discretionary. It may only be availed if the appeal is on pure question of law. Thus, question of fact is not allowed to be raised because the Supreme Court is not a trier of facts. #IncrediBar2023
Factual-issue-bar Rule - Petition for review under Rule 45 is discretionary. It may only be availed if the appeal is on pure question of law. Thus, question of fact is not allowed to be raised because the Supreme Court is not a trier of facts. #IncrediBar2023
Instances when Supreme Court may pass upon questions of fact:
-Conclusions of CA is grounded entirely on speculations, surmises and conjectures
-Inference is manifestly mistaken
-There is grave abuse of discretion
-Judgment is based on misapprehension of facts
1 of 3
-Conclusions of CA is grounded entirely on speculations, surmises and conjectures
-Inference is manifestly mistaken
-There is grave abuse of discretion
-Judgment is based on misapprehension of facts
1 of 3
-Findings of facts are conflicting
-CA went beyond the issues of the case or its judgment is contrary to the admission of the parties
-Findings of CA is contrary to lower court
-Finding of fact are conclusion without basis in evidence
2 of 3
-CA went beyond the issues of the case or its judgment is contrary to the admission of the parties
-Findings of CA is contrary to lower court
-Finding of fact are conclusion without basis in evidence
2 of 3
-Findings of fact of CA are premised on the supposed absence of evidence and contradicted by evidence on record.
3 of 3
#IncrediBar2023 #HernanDoIt #hernandoBar2023
3 of 3
#IncrediBar2023 #HernanDoIt #hernandoBar2023
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