"As for the second issue, whether the allegations in the complaint, assuming them to be true, state a cause of action against respondent companies is also one of law. The Court stressed in Bases Conversion Development Authority v. Reyes,49 that where there is no dispute as to the facts, the question of whether the conclusions drawn from these facts are correct is a question of law. Indeed, in resolving whether the complaint here, based on its allegations, states a cause of action against respondent companies, the Court need not re-evaluate the credibility of any witnesses or the veracity of any evidence. The Court only needs to examine the complaint itself, the allegations of which are assumed to be true, in order to determine whether the complaint states a cause of action against respondent companies for declaration of nullity of deeds of extrajudicial settlement of estate, deeds of sale, cancellation of titles, and damages against respondent companies. To repeat, this is a pure question of law.
In fine, petitioner's direct resort to the Court is in accordance with Rule 45, which ordains:
Section 1. Filing of petition with Supreme Court - A party desiring to appeal by certiorari from a judgment, final order or resolution of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, 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 may include an application for a writ of preliminary injunction or other provisional remedies and shall raise only questions of law, which must be distinctly set forth. The petitioner may seek the same provisional remedies by verified motion filed in the same action or proceeding at any time during its pendency.
As held in Daswani v. Banco de Oro,50 when only questions of law remain to be addressed, a direct recourse to the Court under this remedy is the proper mode of appeal."
[ G.R. No. 252467, June 21, 2021 ]
FRANK COLMENAR, IN HIS CAPACITY AS AN HEIR OF THE LATE FRANCISCO COLMENAR,* PETITIONER, VS. APOLLO A. COLMENAR, JEANNIE COLMENAR MENDOZA, VICTORIA JET COLMENAR, PHILIPPINE ESTATES CORPORATION, AMAIA LAND CORPORATION, CRISANTA REALTY DEVELOPMENT CORPORATION, PROPERTY COMPANY OF FRIENDS, AND THE REGISTER OF DEEDS OF THE PROVINCE OF CAVITE, RESPONDENTS.
https://lawphil.net/judjuris/juri2021/jun2021/gr_252467_2021.html
