Rule 45 petitions to raise only questions of law; exceptions


At the outset, the Court notes that the issues raised in the present petition are essentially questions of fact. It is fundamental that a petition for review on certiorari filed with this Court under Rule 45 of the Rules of Court shall, as a general rule, raise only questions of law and that this Court is not duty-bound to analyze again and weigh the evidence introduced in and considered by the tribunals below.11 However, there are recognized exceptions to this rule, to wit:

 (a) When the findings are grounded entirely on speculation, surmises, or conjectures;

(b) When the inference made is manifestly mistaken, absurd, or impossible;

(c) When there is grave abuse of discretion;

(d) When the judgment is based on a misapprehension of facts;

(eWhen the findings of facts are conflicting;

(f) When in making its findings the CA went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee;

(gWhen the CA’s findings are contrary to those by the trial court;

(h) When the findings are conclusions without citation of specific evidence on which they are based;

(i) When the facts set forth in the petition as well as in the petitioner’s main and reply briefs are not disputed by the respondent;

(j) When the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; or

(k) When the CA manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, would justify a different conclusion.

Ferraren v. Court of Appeals, G.R. No. 159328, October 5, 2011 (Third Division)

Ferraren v. Court of Appeals
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