This case has been cited 1 times or more.
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2009-01-30 |
AUSTRIA-MARTINEZ, J. |
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| However, where the findings of the respondent on the existence of probable cause in criminal cases are tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, the aggrieved party may file a petition for certiorari with this Court under Rule 65 of the Rules of Court,[20] upon a showing that the Ombudsman acted with grave abuse of discretion, or more specifically, that it exercised its power arbitrarily or despotically by reason of passion or personal hostility; and such exercise was so patent and gross as to amount to an evasion of positive duty, or to a virtual refusal to perform it or to act in contemplation of law.[21] | |||||