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Question of Fact Vs Question of Law
Question of Fact Vs Question of Law
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
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.
1. Mandamus
2. Interpleader
3. Certiorari
4. Contempt