11/9/2020
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[65] are not within this Court's ambit to resolve.[66]
Nonetheless, in Medina v. Koike,[67] this Court ruled that while the Petition raised
questions of fact, "substantial ends of justice warrant that the case be referred to the
[Court of Appeals] for further appropriate proceedings":
Considering that the validity of the divorce decree between Doreen and
Michiyuki, as well as the existence of pertinent laws of Japan on the matter
are essentially factual that calls for a re-evaluation of the evidence
presented before the RTC, the issue raised in the instant appeal is obviously
a question of fact that is beyond the ambit of a Rule 45 petition for review.
....
Nonetheless, despite the procedural restrictions on Rule 45 appeals as
above-adverted, the Court may refer the case to the [Court of Appeals]
under paragraph 2, Section 6 of Rule 56 of the Rules of Court, which
provides:
SEC. 6. Disposition of improper appeal. — ...
An appeal by certiorari taken to the Supreme Court from the
Regional Trial Court submitting issues of fact may be referred to
the Court of Appeals for decision or appropriate action. The
determination of the Supreme Court on whether or not issues of
fact are involved shall be final.
This, notwithstanding the express provision under Section 5 (f) thereof that
an appeal likewise "may" be dismissed when there is error in the choice or
mode of appeal.
Since the said Rules denote discretion on the part of the Court to either
dismiss the appeal or refer the case to the [Court of Appeals], the question
of fact involved in the instant appeal and substantial ends of justice warrant
that the case be referred to the [Court of Appeals] for further appropriate
proceedings. It bears to stress that procedural rules were intended to ensure
proper administration of law and justice. The rules of procedure ought not to
be applied in a very rigid, technical sense, for they are adopted to help
secure, not override, substantial justice. A deviation from its rigid
enforcement may thus be allowed to attain its prime objective, for after all,
the dispensation of justice is the core reason for the existence of the courts.
[68] (Citations omitted)
WHEREFORE, in the interest of orderly procedure and substantial justice, the case is
hereby REFERRED to the Court of Appeals for appropriate action, including the
reception of evidence, to DETERMINE and RESOLVE the pertinent factual issues in
accordance with this Decision.
SO ORDERED.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65383
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