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[ G.R. No. 137848. June 14, 1999]

TWF PAPER COMPANY, INC. vs. ENERCO OIL CORPORATION

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 14, 1999.

G.R. No. 137848 (TWF Paper Company, Inc. vs. Enerco Oil Corporation.)

Petitioner assails the resolution of the Court of Appeals affirming the decision of the regional trial court declaring that petitioner corporation and CHANMECO paper Industries of the Philippines are one and the same entity and as such, that petitioner is liable to pay the amount of P599,722.14 for the bunker fuel supplied by private respondent.

Private respondent is a dealer and seller of bunker fuel oil from whom petitioner received deliveries.

The instant controversy sprung from a simple action for collection of sum of money filed by private respondent alleging that per failed to pay for the deliveries of bunker fuel it had received as of August 31, 1995 amounting to P599,722.14.

The trial court decided in favor of respondent and upon appeal, the Court of Appeals affirmed.

Thus, the instant petition which must likewise fail.

The pivotal issue in the instant petition is one of fact. Time and again, the Court has ruled that pure questions of fact cannot be the proper subject of an appeal by certiorari.

Under Rule 45 of the Rules of Court, this mode of appeal is generally limited only to questions of law (Ongsitco vs. CA, 255 SCRA 703 [1996]).

Furthermore, factual findings of the trial court, adopted and confirmed by the Court of Appeals, are final and conclusive and may not be reviewed on appeal (Reyes vs. CA 258 SCRA 651 [1996]).

WHEREFORE, petition is denied due course.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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