Friday, August 10, 2012

JUSTICE MARTIN VILLARAMA, JR.: QUESTION OF FACT


The question of whether a tenancy relationship exists is basically a question of fact which, as a general rule, is beyond the scope of a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended. 

The question of whether there was an implied tenancy and sharing are basically questions of fact and the findings of the Court of Appeals and the Boards a quo are, generally, entitled to respect and nondisturbance, as long as they are supported by substantial evidence.  Such findings of fact may be reviewed by the Court when the conclusion is a finding grounded entirely on speculation, surmises or conjectures, or if the findings of fact are conclusions without citation of specific evidence on which they are based. (Estate of Pastor M. Samson vs. Mercedes R. Susano & Norberto R. Susano, G.R. No. 179024, May 30, 2011, VILLARAMA, JR., J.).

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