This case has been cited 2 times or more.
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2013-08-07 |
PERLAS-BERNABE, J. |
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| On July 31, 2006, the prosecutor issued a Memorandum[14] recommending, inter alia, that Atty. Fria be indicted for the crime of Open Disobedience. The corresponding Information was thereafter filed before the Metropolitan Trial Court of Muntinlupa City, Branch 80 (MTC), docketed as Criminal Case No. 46400. | |||||
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2013-08-07 |
PERLAS-BERNABE, J. |
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| In fine, based on the above-stated reasons, the Court holds that no grave abuse of discretion can be attributed to the MTC as correctly found by the RTC. It is well-settled that an act of a court or tribunal can only be considered as with grave abuse of discretion when such act is done in a "capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction." The abuse of discretion 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 and hostility."[35] Consequently, the dismissal of Criminal Case No. 46400 for lack of probable cause is hereby sustained. | |||||