Tuesday, April 12, 2016

QUESTIONS OF LAW VS. QUESTION OF FACT:

   The distinction between questions of law and questions of fact is settled.  A question of law exists when the doubt or difference centers on what the law is on a certain state of facts.  A question of fact exists if the doubt centers on the truth or falsity of the alleged facts.  Though this delineation seems simple, determining the true nature and extent of the distinction is sometimes problematic. For example, it is incorrect to presume that all cases where the facts are not in dispute automatically involve purely questions of law. [Microsoft Corporation v. Maxicorp, Inc., G.R. No. 140946, September 13, 2004] (CENTURY SAVINGS BANK VS. SPOUSES SAMONTE [2010]).

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