This case has been cited 9 times or more.
|
2015-08-19 |
BERSAMIN, J. |
||||
| To justify the issuance of the writ of certiorari, the petitioner must show that the Office of the Deputy Ombudsman for Luzon gravely abused its discretion amounting to lack or excess of jurisdiction in making its determination and in arriving at the conclusion reached. In short, the petitioner must establish grave abuse of discretion on the part of the Office of the Deputy Ombudsman for Luzon, which connotes the whimsical and capricious exercise of judgment as is equivalent to excess, or lack of jurisdiction;[30] the abuse must be so patent and gross as to amount to an evasion of a positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.[31] Obviously, the Office of the Deputy Ombudsman for Luzon, having correctly resolved the question of probable cause, did not abuse their discretion, least of all gravely, in dismissing the charge against Atty. Cleofe. | |||||
|
2015-08-18 |
BERSAMIN, J. |
||||
| Accordingly, we conclude that the Sandiganbayan arbitrarily ignored the objective of bail to ensure the appearance of the accused during the trial; and unwarrantedly disregarded the clear showing of the fragile health and advanced age of Enrile. As such, the Sandiganbayan gravely abused its discretion in denying Enrile’s Motion To Fix Bail. Grave abuse of discretion, as the ground for the issuance of the writ of certiorari, connotes whimsical and capricious exercise of judgment as is equivalent to excess, or lack of jurisdiction.[50] The abuse must be so patent and gross as to amount to an evasion of a positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.[51] | |||||
|
2015-08-05 |
BERSAMIN, J. |
||||
| With its dismissal of the petition for certiorari being proper and in accord with the pertinent rules of procedure, the CA did not abuse its discretion, least of all gravely. Grave abuse of discretion, as the ground for the issuance of the writ of certiorari, connotes whimsical and capricious exercise of judgment as is equivalent to excess, or lack of jurisdiction.[23] The abuse must be so patent and gross as to amount to an evasion of a positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.[24] | |||||
|
2015-07-08 |
BERSAMIN, J. |
||||
| The term grave abuse of discretion connoted whimsical and capricious exercise of judgment as was equivalent to excess, or lack of jurisdiction.[18] The abuse must be so patent and gross as to amount to an evasion of a positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power was exercised in an arbitrary and despotic manner by reason of passion or hostility.[19] In light of this understanding of the term grave abuse of discretion, the CA did not err in dismissing the petition for certiorari because the petitioners did not show how the RTC could have been guilty of gravely abusing its discretion amounting to lack or excess of jurisdiction for allowing the execution of the properties designated as security for an obligation contracted since 1998. | |||||
|
2015-07-01 |
BERSAMIN, J. |
||||
| It is obvious that all that the petitioner wants the Court to do is to revisit and review the facts and records supposedly substantiating his claim of tenancy and his demand for consequential disturbance compensation. He has not thereby raised any jurisdictional error by the CA, and has not shown how the CA capriciously or whimsically exercised its judgment as to be guilty of gravely abusing its discretion. It is not amiss to point out that the settled meaning of grave abuse of discretion is the arbitrary or despotic exercise of power due to passion, prejudice or personal hostility; or the whimsical, arbitrary, or capricious exercise of power that amounts to an evasion or refusal to perform a positive duty enjoined by law or to act at all in contemplation of law.[20] In that regard, the abuse of discretion must be shown to be patent and gross in order for the act to be struck down as having been done with grave abuse of discretion.[21] Yet, none of such categories characterized the act of the CA. | |||||
|
2011-08-17 |
BERSAMIN, J. |
||||
| Given all the foregoing, the RTC committed grave abuse of discretion amounting to lack of jurisdiction. The term grave abuse of discretion connotes whimsical and capricious exercise of judgment as is equivalent to excess, or lack of jurisdiction.[26] The abuse must be so patent and gross as to amount to an evasion of a positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.[27] | |||||
|
2010-11-24 |
MENDOZA, J. |
||||
| In order for a petition for certiorari to succeed, the following requisites must concur, namely: (a) that the writ is directed against a tribunal, a board, or any officer exercising judicial or quasi-judicial functions; (b) such tribunal, board, or officer has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and (c) there is no appeal, or any plain, speedy and adequate remedy in the ordinary course of law.[22] Without jurisdiction denotes that the tribunal, board, or officer acted with absolute lack of authority. There is excess of jurisdiction when the public respondent exceeds its power or acts without any statutory authority. Grave abuse of discretion connotes such capricious and whimsical exercise of judgment as to be equivalent to lack or excess of jurisdiction; otherwise stated, power is exercised in an arbitrary or despotic manner by reason of passion, prejudice, or personal hostility; and such exercise is so patent or so gross as to amount to an evasion of a positive duty or to a virtual refusal either to perform the duty enjoined or to act at all in contemplation of law.[23] | |||||
|
2010-08-25 |
VILLARAMA, JR., J. |
||||
| The term "grave abuse of discretion" connotes capricious and whimsical exercise of judgment as is equivalent to excess, or a lack of jurisdiction. The abuse must be so patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.[33] | |||||
|
2010-06-22 |
ABAD, J. |
||||
| The following requisites must concur in order that the petition for certiorari may prosper, namely: (a) that the writ is directed against a tribunal, a board, or any officer exercising judicial or quasi-judicial functions; (b) such tribunal, board, or officer has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and (c) there is no appeal, or any plain, speedy and adequate remedy in the ordinary course of law. [32] Without jurisdiction means that the tribunal, board, or officer acted with absolute lack of authority. There is excess of jurisdiction when the public respondent transcends its power or acts without any statutory authority. Grave abuse of discretion implies such capricious and whimsical exercise of judgment as to be equivalent to lack or excess of jurisdiction; otherwise stated, power is exercised in an arbitrary or despotic manner by reason of passion, prejudice, or personal hostility; and such exercise is so patent or so gross as to amount to an evasion of a positive duty or to a virtual refusal either to perform the duty enjoined or to act at all in contemplation of law. [33] | |||||