04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly probative value of the evidence presented by the parties-litigants. On the other hand, there is a “question of fact” when the doubt or controversy arises as to the truth or falsity of the alleged facts. Simply put, when there is no dispute as to fact, the question of whether or not the conclusion drawn therefrom is correct, is a question of law.[31] In this case, the CA was called upon, not to examine the probative value of the evidence presented, but to determine whether the legal conclusions made based on the recorded evidence is correct. Essentially, the issue raised before the CA was whether the order for the summary demolition of petitioners’ structures authorized under the law, and in that relation, whether the RTC’s grant of the complaint for injunction based on the equal protection clause was proper. Clearly, with none of the factual circumstances contested, the appeal involved pure questions of law that should have been brought directly to the Court. Consequently, on a technical note, the CA should have dismissed respondents’ appeal for having been filed with the wrong tribunal pursuant to Section 2, Rule 50 of the Rules which reads: SEC. 2. Dismissal of improper appeal to the Court of Appeals. – An appeal under Rule 41 taken from the Regional Trial Court to the Court of Appeals raising only questions of law shall be dismissed, issues purely of law not being reviewable by said court. Be that as it may, a review of the substantive merits of this case would nevertheless warrant the grant of the present petition which seeks the reversal of the CA decision. II. DO No. 5[32] states on its face that it was issued in accordance with Section 3, paragraph 2.5 (a) of the Implementing Rules and Regulations (IRR) Governing Summary Eviction (Summary Eviction IRR), to wit: SECTION 3. Procedures and Guidelines xxxx 2.0 Issuance of Summary Eviction Notice xxxx 2.5 In the Issuance of notice, the following shall be strictly observed: a. For on-going construction, no notice shall be served.Dismantling of the structures shall be immediately enforced by the LGU or the concerned agency to demolish. To note, the Summary Eviction IRR was issued pursuant to Section 28, Article VII of RA 7279, which equally provides for the situations wherein eviction or demolition is elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60932 4/13