This case has been cited 1 times or more.
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2011-04-06 |
BERSAMIN, J. |
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| The function of prohibition is to prevent the unlawful and oppressive exercise of legal authority and to provide for a fair and orderly administration of justice.[14] The writ of prohibition is directed against proceedings that are done without or in excess of jurisdiction, or with grave abuse of discretion, there being no appeal or other plain, speedy and adequate remedy in the ordinary course of law.[15] For grave abuse of discretion to be a ground for prohibition, the petitioner must first demonstrate that the tribunal, corporation, board, officer, or person, whether exercising judicial, quasi-judicial or ministerial functions, has exercised its or his power in an arbitrary or despotic manner, by reason of passion or personal hostility, which must be so patent and gross as would amount to an evasion, or to a virtual refusal to perform the duty enjoined or to act in contemplation of law.[16] On the other hand, the term excess of jurisdiction signifies that the court, board, or officer has jurisdiction over a case but has transcended such jurisdiction or acted without any authority.[17] | |||||