This case has been cited 2 times or more.
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2011-07-06 |
DEL CASTILLO, J. |
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| An act will be struck down for having been done with grave abuse of discretion only when the abuse of discretion is patent and gross. [1] | |||||
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2010-06-22 |
PERALTA, J. |
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| A special civil action for certiorari, under Rule 65, is an independent action based on the specific grounds therein provided and will lie only if there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law. A petition for certiorari will prosper only if grave abuse of discretion is alleged and proved to exist. "Grave abuse of discretion," under Rule 65, has a specific meaning. It 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. For an act to be struck down as having been done with grave abuse of discretion, the abuse of discretion must be patent and gross.[14] Such is not the case here. | |||||