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Template Petition For Review Rule 45
Template Petition For Review Rule 45
I.PREFATORY STATEMENT
This is an appeal under Rule 45 of the Rules of Court from the Decision of the Court of Appeals ( _______
Division) dated ____________ in CA-G.R. CR-HC No. ________ entitled
“_______________.” A certified copy of the said Decision in question is hereto att
Notice of the said CA Decision was received by herein lead counsel on ________. The15-day
reglementary period for a petition under Rule 45 ends on __________ [IF WEEKEND,INDICATE THAT IT
SHALL BE MOVED TO THE NEXT WORKING DAY].
III.PARTIES
V.DISCUSSION
A petition for review on certiorari under Rule 45 of the Rules of Court should cover only questions of
law; EXCEPTIONS.
JANET CARBONELL VS. JULITA A. CARBONELL-MENDES, REPRESENTED BY HER BROTHER AND ATTORNEY-
IN-FACT, VIRGILIO A. CARBONELL, G.R. No. 205681, July 01, 2015.
"x x x,
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,1 and it is not its function to examine, review, or
evaluate the evidence all over again.2
A petition for review on certiorari under Rule 45 of the Rules of Court should cover only questions of
law, thus:
Section 1. Filing of petition with Supreme Court. — A party desiring to appeal by certiorari from a
judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial
Court or other courts whenever authorized by law, may file with the Supreme Court a verified petition
for review on certiorari.The petition shall raise only questions of law which must be distinctly set
forth.3 (Emphasis supplied)
Thus, 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.4
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. Well-settled is the rule that factual findings of the trial court,
when affirmed by the Court of Appeals, are deemed binding and conclusive.5
X x x.”
Docket Fee P 48.00
Docket Fee (Judiciary Fund)
352.00
Legal Research Fund Fee
20.00
Deposit for Sheriff’s Fee
200.00
Clerk’s Commission 2.00
TOTAL P622.00
If a restraining order is prayed for
in connection with the petition for
review on certiorari under Rule
45, the Sheriff’s fee and Clerk’s
Commission prescribed for special
civil actions under Rule 65 in the
aggregate amount of P202.00
shall also be deposited.
(d) Where several cases were
consolidated, treated together,
and disposed of in only one
decision in the proceedings a quo,
such cases shall be treated as one
case and the filing fees for the
equivalent of only one case shall
be assessed and collected for said
consolidated judgment appealed
from, despite the number of cases
covered by the appeal or petition.
(2) Form and Service of Petition.
- A petition filed under Rule 45 or
under Rule 65, or in a motion for
extension may be denied outright
if it is not clearly legible, or there
is no proof of service on the lower
court, tribunal, or office concerned
and on the adverse party in
accordance with Sections 3, 5 and
10 of Rule 13, attached to the
petition or motion for extension
when filed.
(3) Copies of judgment or
resolution sought to be reviewed.-
Petitions filed with the Supreme
Court, whether under Rule 45,
Rule 65, R.A. No. 5440 or P.D. No.
1606 shall be accompanied by a
clearly legible duplicate original or
certified true copy of the decision,
judgment, resolution or order
subject thereof, and the requisite
number of plain copies thereof.
The certification shall be
accomplished by the proper Clerk
of Court or by his duly authorized
representative or by the proper
officer of the court, tribunal,
board, commission, or office
involved, or by his duly authorized
representative. Certification by
the parties themselves, their
counsel or any other person shall
not be allowed. cralaw
(5) Effect of subsequent
compliance. – Subsequent
compliance with the above
requirements will not warrant
reconsideration of the order of
dismissal unless it be shown that
such non-compliance was due to
compelling reasons. cralaw
That on
__________________
____________,
198_____ I served a
copy of the following
Date
Pleading/paper by
ordinary/registered
mail in accordance
with Sections 3 and 5
in relation to Section
10 of Rule 13, Rules of
Court:chanroblesvirtuallawlibrary
Nature of
Pleading/Paper
__________________
__________________
__
__________________
__________________
__
__________________
__________________
__
__________________
__________________
__
In case No.
__________________
__________________
__________________
entitled
Depositing a copy in the post
office, in a sealed envelope,
plainly addressed to the party or
his attorney at his office/
residence with postage fully
prepaid, as evidenced (in case of
registered mail) by Registry
Receipt No. ________________
hereto attached, and with
instructions to the postmaster to
return the mail to the sender after
ten (10) days, if undelivered.
That the addressee(s)
is/are as follows:chanroblesvirtuallawlibrary
__________________
__________________
__
__________________
__________________
__
__________________
__________________
__
__________________
__________________
__
__________________
Manila, Philippines.
SUBSCRIBED AND SWORN to
before me this ______ day of
Philippines, affiant exhibiting to
me his/her Residence Certificate
No. ______________, issued
at__________ on
___________________.
Officer Administering
the Oath.