executed by one and the same person, because they have a similar sentence
construction, and computer font and form, and were even sworn to before the same
attesting officer on the same date.
We find no merit in the instant Petition.
The questions of fact
Crystal clear from the above arguments is that Penera is raising only
questions of fact in her Petition presently before us. We do not find any reason to
pass upon the same, as this Court is not a trier of facts. It is not the function of the
Court to review, examine and evaluate or weigh the probative value of the evidence
presented. A question of fact would arise in such an event.
The sole function of a writ of certiorari is to address issues of want of
jurisdiction or grave abuse of discretion, and it does not include a review of the
tribunals evaluation of the evidence.[25] Because of its fact-finding facilities and its
knowledge derived from actual experience, the COMELEC is in a peculiarly
advantageous position to evaluate, appreciate and decide on factual questions
before it. Factual findings of the COMELEC, based on its own assessments and
duly supported by evidence, are conclusive on this Court, more so in the absence
of a grave abuse of discretion, arbitrariness, fraud, or error of law in the questioned
resolutions. Unless any of these causes are clearly substantiated, the Court will not
interfere with the findings of fact of the COMELEC.[26]
Grave abuse of discretion is such capricious and whimsical exercise of
judgment equivalent to lack of jurisdiction. Mere abuse of discretion is not
enough. It must be grave, as when it is exercised arbitrarily or despotically by
reason of passion or personal hostility. The abuse must be so patent and so gross as