Thursday, April 9, 2009
JMM PROMOTIONS V. CA (REMEDIAL)
The Supreme Court is not a trier of facts. Pure issues of fact may not be the proper subject of APPEAL BY CERTIORARI under Rule 45 of the Rules of court as this mode of appeal is generally confined to questions of law. We therefore take this opportunity again to reiterate that only questions of law, not questions of fact, may be raised before the Supreme Court in a petition for review under Rule 45.
The issues propounded by petitioner involve only questions of fact previously raised and satisfactorily rules upon by the courts a quo.
Findings of finality by administrative agencies are generally accorded great respect, if not finality by the courts because of the special knowledge and expertise over matters falling under their jurisdiction. Moreover, it is a time-honoured rule that "the factual findings of the CA are conclusive on the parties and not reviewable by the SC and they carry even more weight when the CA affirms the factual findings of the trial court.
Labels:
Brondial-assigned case digest,
Rule 45
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