Thursday, April 12, 2012

BP Blg. 22 case; Proof of actual receipt of notice of dishonor is a question of fact, improper under Rule 45 - G.R. No. 193279

G.R. No. 193279

"x x x.


Petitioner now alleges that respondent failed to prove that there was actual receipt of the notice of dishonor. She also alleges, without expounding, that the ruling of the CA was not in accordance with laws and jurisprudence.
It is an established rule that the remedy of appeal through a Petition for Review on Certiorari under Rule 45 of the Rules of Court contemplates only questions of law and not questions of fact.[8] The issue in the case at bar is clearly a question of fact that rightfully belonged to the proper determination of the MeTC, the RTC and the CA.  All these lower courts found the elements of a violation of B.P. 22 present. Petitioner failed to provide any cogent reason for us to overturn these findings, or to consider this case as an exception to this general rule.

x x x."