This case has been cited 1 times or more.
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2005-11-18 |
TINGA, J. |
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| We have repeatedly held that there is grave abuse of discretion justifying the issuance of the writ of certiorari when there is a capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction, as where the power is exercised in an arbitrary or despotic manner by reason of passion, prejudice, or personal hostility amounting to an evasion of positive duty or to a virtual refusal to perform the duty enjoined, or to act at all in contemplation of law.[43] It is clear from the foregoing discussions that the Order issued by the Manila RTC, Branch 12, was nothing of the sort. On the contrary, its ruling on the application of P.D. No. 1818 exhibited the exercise of its sound discretion. Injunction is the strong arm of equity which must be issued with great caution and deliberation, and only in cases of great injury where there is no commensurate remedy in damages.[44] | |||||