This case has been cited 1 times or more.
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2010-06-22 |
PEREZ, J. |
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| In the context of petitions for certiorari like the one at bench, grave abuse of discretion is understood to be such capricious and whimsical exercise of jurisdiction as is equivalent to lack of jurisdiction.[38] It is tantamount to an evasion of a positive duty or to virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as when the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility.[39] As the Constitutional office tasked with the duty to examine, audit and settle all accounts pertaining to the revenue, and receipts of and expenditures or uses of funds and property, owned or held in trust by or pertaining to the government or any of its subdivisions,[40] respondent committed no grave abuse of discretion in disapproving petitioner's utilization of Section 6 of Executive Order No. 756 in the computation of its employees' retirement benefits. | |||||