This case has been cited 1 times or more.
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2015-08-17 |
SERENO, C.J. |
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| In Hao v. People,[50] we explained that in this situation, the Court is confronted with the question of whether the CA correctly determined the presence or absence of grave abuse of discretion on the part of the trial court, and not on the basis of whether the latter's assessment of the incidents before it was strictly legally correct. To recall, grave abuse of discretion exists when there is an arbitrary or despotic exercise of power due to passion, prejudice or personal hostility; or a whimsical, arbitrary or capricious exercise of power that amounts to an evasion of or a refusal to perform a positive duty enjoined by law or to act at all in contemplation of law.[51] | |||||