Whether a determinative question is one of law or of fact depends on the nature of the dispute.
A question of law exists when the doubt or controversy concerns the correct application of law or jurisprudence to a certain given set of facts; or when the issue does not call for an examination of the probative value of the evidence presented, the truth or falsehood of facts being admitted.
A question of fact obtains when the doubt or difference arises as to the truth or falsehood of facts or when the query invites the calibration of the whole evidence considering mainly the credibility of the witnesses, the existence and relevancy of specific surrounding circumstances, as well as their relation to each other and to the whole, and the probability of the situation (IRENE MARCOS-ARANETA, et al. vs. COURT OF APPEALS et al. G.R. No. 154096, August 22, 2008, Second Division, Velasco, Jr., J.).
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