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JOANIE SURPOSA UY,
Vs. JOSE NGO CHUA, G.R.
No. 183965, September 18, 2009
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“x
x x.
At
the outset, the Court notes that from the RTC Resolution granting respondent’s
Demurrer to Evidence, petitioner went directly to this Court for relief. This is only proper, given that petitioner is
raising pure questions of law
in her instant Petition.
Section 1, Rule 45 of the Rules of Court provides:
SECTION 1. Filing of petition with Supreme Court. –
A party desiring to appeal by certiorari from
a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, 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 shall raise only questions of law which must be distinctly set forth.
Clearly,
a party may directly appeal to this Court from a decision or final order or
resolution of the trial court on pure questions of law. A question of law lies, on one hand, when the
doubt or difference arises as to what the law is on a certain set of facts; a
question of fact exists, on the other hand, when the doubt or difference arises
as to the truth or falsehood of the alleged facts. Here, the facts are not disputed; the
controversy merely relates to the correct application of the law or jurisprudence
to the undisputed facts.[1]
X
x x.”
