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[G.R. No. 139521.
LOPEZ vs. PEOPLE
THIRD DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
G.R. No. 139521 (Reynaldo Lopez vs. The People of the Philippines.)
For our resolution is the petition for review under Rule 45 of
the 1997 Rules of Civil Procedure, as amended, assailing the Decision
[1]
cralaw
dated
In his comment on the petition, the Solicitor General emphatically averred that only questions of law, not questions of fact, maybe raised before this Court.
Criminal Case No. 14934 was decided by the RTC in the exercise of its appellate jurisdiction. We find that the present petition does not raise any question of law, but a question of fact, i.e., whether or not petitioner was negligent in driving his motor vehicle at the time of the incident resulting in physical injuries sustained by Marites Begtasin and David Bolima. Under Rule 45 of the 1997 Rules of Civil Procedure, as amended, only questions of law may be raised in a petition for review on certiorari before this Court. [3] cralaw Indeed, this Court is not a trier of facts. [4] cralaw
Petitioner should have interposed an appeal seasonably to the Court of Appeals pursuant to Section 2 (b), rule 41, which provides:
"Rule 41
Appeal From the Regional Trial Courts.
x x x
SEC. 2. Modes of Appeal.-
x x x
(b) Petition for review. - The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42.
Petitioner resorted to the wrong mode of appeal.
WHEREFORE, the instant petition is DENIED.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Assistant Division Clerk of Court
Endnotes:
[1] cralaw Rollo, pp. 51-58.
[2] cralaw Id. at 28-36.
[3] cralaw Herbosa v. Court of Appeals, 425 Phil. 431, 442 (2002).
[4] cralaw Jacutin v. People, 428 Phil. 508, 518 (2002).
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