G.R. No. 170618. November 20, 2013
Far Eastern Surety and Insurance Co., Inc. Vs. People of the Philippines
"Under Rule 41 of the Rules, an appeal from the RTC’s decision may
be undertaken in three (3) ways, depending on the nature of the attendant circumstances of the case, namely:
(1) an ordinary appeal to the Court of Appeals (CA) in cases decided by the RTC in the exercise of its original jurisdiction;
(2) a petition for review to the CA in cases decided by the RTC in the exercise of its appellate jurisdiction; and
(3) a petition for review on certiorari directly filed with the Court where only questions of law are raised or involved.
The first mode of appeal under Rule 41 of the Rules is available on
questions of fact or mixed questions of fact and of law. The second mode of appeal, governed by Rule 42 of the Rules, is brought to the CA on questions of fact, of law, or mixed questions of fact and of law. The third mode of appeal under Rule 45 of the Rules of Court is filed with the Court only on questions of law.8 It is only where pure questions of law are raised or involved can an appeal be brought to the Court via a petition for review on certiorari under Rule 45.9."
