Monday, February 15, 2016

Rule 45; a review of factual findings of lower courts is beyond the province of a petition for review on certiorari.




CORINTHIAN REALTY, INC. vs. HON. COURT OF APPEALS and EMILIO MARTIN (now deceased), MATILDE MARTIN, TEOFILO GUINTO (now deceased), DELFIN GUINTO, PRUDENCIO GUINTO and MARGARITA GUINTO, G. R. No. 150240. December 26, 2002.



“x x x.

It is quite obvious from the above issue and assignment of error that the instant petition is founded on an imploration to re-examine the factual findings of the Court of Appeals. A review of such factual findings is, however, beyond the province of a petition for review. It has long been the doctrine that factual findings and conclusions of the Court of Appeals, especially when in complete accord with the findings of the trial court are given great weight and, as such, in the absence of palpable mistake, binding and conclusive upon this Court. It is not the function of this Court, in a petition under Rule 45, to scrutinize, weigh and analyze evidence all over again. The jurisdiction of this Court is confined to reviewing questions of law which has been defined as those that do not require the examination of the probative value of the evidence presented by the parties.[23]

x x x.”