PETITION FOR REVIEW ON CERTIORARI

PETITIONER, by counsel, respectfully states that:

I.PREFATORY STATEMENT

This is an appeal under Rule 45 of the Rules of Court from the Decision of the Court of Appeals ( _______
Division) dated ____________ in CA-G.R. CR-HC No. ________ entitled

 “_______________.” A certified copy of the said Decision in question is hereto att

ached as Annex A and is hereinafter referred to as the CA Decision for brevity.

II.STATEMENT OF MATERIAL DATES

Notice of the said CA Decision was received by herein lead counsel on ________. The15-day
reglementary period for a petition under Rule 45 ends on __________ [IF WEEKEND,INDICATE THAT IT
SHALL BE MOVED TO THE NEXT WORKING DAY].

III.PARTIES

[ADD DESCRIPTION OF THE PETITIONER][ADD DESCRIPTION OF THE RESPONDENT]

IV.CONCISE STATEMENT OF THE MATTERS INVOLVED

[PROVIDE A BRIEF STATEMENT OF THE MATTERS INVOLVED]

 V.DISCUSSION

[PROVIDE THE DISCUSSION OF THE MATTERS INVOLVED]

 V.PRAYER FOR RELIEF

WHEREFORE, it is respectfully prayed that this Honorable Court

A petition for review on certiorari under Rule 45 of the Rules of Court should cover only questions of
law; EXCEPTIONS.

JANET CARBONELL VS. JULITA A. CARBONELL-MENDES, REPRESENTED BY HER BROTHER AND ATTORNEY-
IN-FACT, VIRGILIO A. CARBONELL, G.R. No. 205681, July 01, 2015.

"x x x,
Petitioner in this case is raising a question of fact: whether the signature of respondent was forged on
the Deed of Absolute Sale, which would invalidate TCT No. T-51120 issued in the name of Spouses
Carbonell. The issue raised by petitioner is clearly a question of fact which requires a review of the
evidence presented. This Court is not a trier of facts,1 and it is not its function to examine, review, or
evaluate the evidence all over again.2

A petition for review on certiorari under Rule 45 of the Rules of Court should cover only questions of
law, thus:

Section 1. Filing of petition with Supreme Court. — A party desiring to appeal by certiorari from a
judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial
Court or other courts whenever authorized by law, may file with the Supreme Court a verified petition
for review on certiorari.The petition shall raise only questions of law which must be distinctly set
forth.3 (Emphasis supplied)

Thus, in a petition for review on certiorari under Rule 45, the Court is generally limited to reviewing only
errors of law. Nevertheless, the Court has enumerated several exceptions to this rule, such as when:

(1) the conclusion is grounded on speculations, surmises or conjectures; (2) the inference is manifestly
mistaken, absurd or impossible; (3) there is grave abuse of discretion; (4) the judgment is based on
misapprehension of facts; (5) the findings of fact are conflicting; (6) there is no citation of specific
evidence on which the factual findings are based; (7) the findings of absence of facts are contradicted by
the presence of evidence on record; (8) the findings of the Court of Appeals are contrary to those of the
trial court; (9) the Court of Appeals manifestly overlooked certain relevant and undisputed facts that,  if
properly considered, would justify a different conclusion; (10) the findings of the Court of Appeals are
beyond the issues of the case; and (11) such findings are contrary to the admissions of both parties.4 

Petitioner failed to show that this case falls under any of the exceptions. The finding of forgery by the
RTC was upheld by the Court of Appeals. Well-settled is the rule that factual findings of the trial court,
when affirmed by the Court of Appeals, are deemed binding and conclusive.5 

X x x.”

EVISED CIRCULAR NO. 1-88.

REVISED CIRCULAR NO. 1-88
 
TO:  ALL MEMBERS OF THE
BAR
SUBJECT:  IMPLEMENTATION
OF SEC. 12, ART. XVIII OF THE
1987 CONSTITUTION AND
COMPLEMENTING
ADMINISTRATIVE CIRCULAR
NO. 1 OF JANUARY 28, 1988
ON EXPEDITIOUS
DISPOSITION OF CASES
PENDING IN THE SUPREME
COURT.  

Considering the provisions of

Section 12, Article XVIII of the
1987 Constitution mandating the
adoption of a systematic plan to
expedite the decision or resolution
of cases or matters pending in the
Supreme Court and
complementing further the Court’s
Resolution of April 7, 1988
implementing Administrative
Circular No. 1 of January 28,
1988, the Supreme Court,
effective January 1, 1989, will
entertain only petitions that
comply strictly with the pertinent
provisions of the Rules of Court,
more particularly the following:chanroblesvirtuallawlibrary

(1) Payment of docketing and

other fees. – Section 1 of Rule 45
requires that petitions for review
be filed and the required fees paid
within the prescribed period.
Unless exempted by law or rule,
such fees must be fully paid in
accordance with this Circular;
otherwise, the Court may deny
the petition outright. The same
rule shall govern petitions under
Rule 65.
 
(a) When the petition is filed
within the prescribed or
reglementary period, the docket
and other legal fees must be fully
paid at the time of the filing of the
petition.
(b) If the petitioner files a motion
for extension of time to file the
petition and to pay the docket and
other legal fees, and the motion is
granted, said docket and other
legal fees must be fully paid on or
before the expiration of the
extension granted. cralaw

(c) If the petitioner files only a

motion for extension of time to file
the petition for review on
certiorari, the docket and other
legal fees must be fully paid upon
the filing of said motion foe
extension.

The filing fees under Rule 141, as

amended, 189 SCRA, pp. xiv-xxiii.
Rule 141, as amended, was
published in full in the "Manila
Bulletin" on September 19, 1990,
are as follows: chanroblesvirtuallawlibrary

PETITION FOR REVIEW ON

CERTIORARI 
Under Rule 45
Docket Fee P 48.00
Docket Fee (Judiciary Fund)
352.00
Legal Research Fund Fee
20.00
TOTAL P420.00

SPECIAL CIVIL ACTION 

Under Rule 65

Docket Fee P 48.00
Docket Fee (Judiciary Fund)
 352.00
Legal Research Fund Fee
20.00
Deposit for Sheriff’s Fee
200.00
Clerk’s Commission 2.00
TOTAL P622.00
If a restraining order is prayed for
in connection with the petition for
review on certiorari under Rule
45, the Sheriff’s fee and Clerk’s
Commission prescribed for special
civil actions under Rule 65 in the
aggregate amount of P202.00
shall also be deposited.
(d) Where several cases were
consolidated, treated together,
and disposed of in only one
decision in the proceedings a quo,
such cases shall be treated as one
case and the filing fees for the
equivalent of only one case shall
be assessed and collected for said
consolidated judgment appealed
from, despite the number of cases
covered by the appeal or petition.
(2) Form and Service of Petition. 
- A petition filed under Rule 45 or
under Rule 65, or in a motion for
extension may be denied outright
if it is not clearly legible, or there
is no proof of service on the lower
court, tribunal, or office concerned
and on the adverse party in
accordance with Sections 3, 5 and
10 of Rule 13, attached to the
petition or motion for extension
when filed.
(3) Copies of judgment or
resolution sought to be reviewed.-
Petitions filed with the Supreme
Court, whether under Rule 45,
Rule 65, R.A. No. 5440 or P.D. No.
1606 shall be accompanied by a
clearly legible duplicate original or
certified true copy of the decision,
judgment, resolution or order
subject thereof, and the requisite
number of plain copies thereof.
The certification shall be
accomplished by the proper Clerk
of Court or by his duly authorized
representative or by the proper
officer of the court, tribunal,
board, commission, or office
involved, or by his duly authorized
representative. Certification by
the parties themselves, their
counsel or any other person shall
not be allowed. cralaw

(4) Verified statement of material

dates. – A petition shall in all
cases contain a verified statement
of the date wen notice of the
judgment, order or resolution
subject thereof was received,
when a motion for
reconsideration, if any, was filed,
and when notice of the denial
thereof was received; otherwise,
the petition may be dismissed. cralaw

(5) Effect of subsequent
compliance. – Subsequent
compliance with the above
requirements will not warrant
reconsideration of the order of
dismissal unless it be shown that
such non-compliance was due to
compelling reasons. cralaw

(6) Pleadings and papers filed. –

Pursuant to the Court’s Resolution
of February 23, 1984, all
pleadings, briefs, memoranda,
motions, and other papers to be
filed before the Supreme Court
shall either be typewritten, double
spaced or printed on good quality
unglazed paper, or mimeographed
or printed on newsprint or brown
mimeograph paper. cralaw

Eighteen (18) legible copies of

such pleadings, briefs,
memoranda, motions, and other
papers shall be filed in cases foe
consideration of the Court en
banc and nine (9) copies in cases
to be heard before a division. Only
two (2) copies thereof shall be
served upon each of the adverse
parties in either case. cralaw

No action shall be taken on such

pleadings, briefs, memoranda,
motions and other papers as fail
to comply with the requisites set
out in this paragraph. cralaw

Effectivity of amendments. – The

amendments hereby incorporated
shall take effect on July 1, 1991.

[Sgd.] MARCELO B. FERNAN

Chief Justice
 
 
REPUBLIC OF THE PHILIPPINES)
City/Municipality______________
_)
Province____________________
_) SS.
AFFIDAVIT OF SERVICE
I,________________
__________________
____ as,
__________________
__________
(relation to party or
counsel)
of,
__________________
__________________
 _______________
with office address at
__________________
__________________
__________, after
being duly sworn,
depose
and say: chanroblesvirtuallawlibrary

That on
__________________
____________,
198_____ I served a
copy of the following
Date
Pleading/paper by
ordinary/registered
mail in accordance
with Sections 3 and 5
in relation to Section
10 of Rule 13, Rules of
Court:chanroblesvirtuallawlibrary

Nature of
Pleading/Paper
__________________
__________________
__
__________________
__________________
__
__________________
__________________
__
__________________
__________________
__
In case No.
__________________
__________________
__________________
entitled
Depositing a copy in the post
office, in a sealed envelope,
plainly addressed to the party or
his attorney at his office/
residence with postage fully
prepaid, as evidenced (in case of
registered mail) by Registry
Receipt No. ________________
hereto attached, and with
instructions to the postmaster to
return the mail to the sender after
ten (10) days, if undelivered.
That the addressee(s)
is/are as follows:chanroblesvirtuallawlibrary

__________________
__________________
__
__________________
__________________
__
__________________
__________________
__
__________________
__________________
__
__________________
Manila, Philippines. 
SUBSCRIBED AND SWORN to
before me this ______ day of
Philippines, affiant exhibiting to
me his/her Residence Certificate
No. ______________, issued
at__________ on
___________________.
Officer Administering
the Oath.