5/28/2020
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At the outset, let it be emphasized that We are taking cognizance of the instant petition
despite the fact that the same was directly lodged with the Supreme Court, consistent
with the ruling in Republic v. Sunvar Realty Development Corporation,[28] which lays
down the instances when a ruling of the trial court may be brought on appeal directly
to the Supreme Court without violating the doctrine of hierarchy of courts, to wit:
x x x Nevertheless, the Rules do not prohibit any of the parties from filing a
Rule 45 Petition with this Court, in case only questions of law are raised
or involved. This latter situation was one that petitioners found themselves
in when they filed the instant Petition to raise only questions of law.
In Republic v. Malabanan, the Court clarified the three modes of appeal from
decisions of the RTC, to wit: (1) by ordinary appeal or appeal by writ of error
under Rule 41, whereby judgment was rendered in a civil or criminal action
by the RTC in the exercise of its original jurisdiction; (2) by a petition for
review under Rule 42, whereby judgment was rendered by the RTC in the
exercise of its appellate jurisdiction; and (3) by a petition for review on
certiorari before the Supreme Court under Rule 45. “The first mode of
appeal is taken to the [Court of Appeals] on questions of fact or mixed
questions of fact and law. The second mode of appeal is brought to the CA
on questions of fact, of law, or mixed questions of fact and law. The third
mode of appeal is elevated to the Supreme Court only on questions
of law.” (Emphasis supplied)
There is a question of law when the issue does not call for an examination of
the probative value of the evidence presented or of the truth or falsehood of
the facts being admitted, and the doubt concerns the correct application of
law and jurisprudence on the matter. The resolution of the issue must rest
solely on what the law provides on the given set of circumstances.[29]
Indeed, the issues submitted to us for resolution involve questions of law – the
response thereto concerns the correct application of law and jurisprudence on a given
set of facts, i.e., whether or not a foreign national has an obligation to support his
minor child under Philippine law; and whether or not he can be held criminally liable
under R.A. No. 9262 for his unjustified failure to do so.
It cannot be negated, moreover, that the instant petition highlights a novel question of
law concerning the liability of a foreign national who allegedly commits acts and
omissions punishable under special criminal laws, specifically in relation to family rights
and duties. The inimitability of the factual milieu of the present case, therefore,
deserves a definitive ruling by this Court, which will eventually serve as a guidepost for
future cases. Furthermore, dismissing the instant petition and remanding the same to
the CA would only waste the time, effort and resources of the courts. Thus, in the
present case, considerations of efficiency and economy in the administration of justice
should prevail over the observance of the hierarchy of courts.
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