Carbonell V Carbonell Mendez
Carbonell V Carbonell Mendez
Court of Appeals affirmed the ruling of the RTC. Hence, this petition for
review on certiorari.
ISSUE: Whether or not the transfer was valid since the respondents
signature in the Deed of Absolute Sale was forged?
HELD: The Court finds the petition is without merit.
REMEDIAL LAW: questions of law in a petition for review on
certiorari
Petitioner in this case is raising a question of fact: whether the signature of
respondent was forged on the Deed of Absolute Sale, which would invalidate
TCT No. T-51120 issued in the name of Spouses Carbonell. The issue raised
by petitioner is clearly a question of fact which requires a review of the
evidence presented. This Court is not a trier of facts, and it is not its function
to examine, review, or evaluate the evidence all over again.
A petition for review on certiorari under Section 1, Rule 45 of the Rules of
Court should cover only questions of law. In a petition for review on
certiorari under Rule 45, the Court is generally limited to reviewing only
errors of law. Nevertheless, the Court has enumerated several exceptions to
this rule, such as when: (1) the conclusion is grounded on speculations,
surmises or conjectures; (2) the inference is manifestly mistaken, absurd or
impossible; (3) there is grave abuse of discretion; (4) the judgment is based
on misapprehension of facts; (5) the findings of fact are conflicting; (6)
there is no citation of specific evidence on which the factual findings are
based; (7) the findings of absence of facts are contradicted by the presence
of evidence on record; (8) the findings of the Court of Appeals are contrary
to those of the trial court; (9) the Court of Appeals manifestly overlooked
certain relevant and undisputed facts that, if properly considered, would
justify a different conclusion; (10) the findings of the Court of Appeals are
beyond the issues of the case; and (11) such findings are contrary to the
admissions of both parties.
Petitioner failed to show that this case falls under any of the exceptions. The
finding of forgery by the RTC was upheld by the Court of Appeals. Factual
findings of the trial court, when affirmed by the Court of Appeals, are
deemed binding and conclusive.