This case has been cited 1 times or more.
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2004-07-06 |
YNARES-SANTIAGO, J. |
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| Lastly, a special civil action for certiorari is limited to the determination of whether or not public respondent acted without or in excess of jurisdiction or with grave abuse of discretion in rendering the assailed decisions.[26] Grave abuse of discretion means such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction, or, in other words where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and it must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.[27] We do not find any grave abuse of discretion on the part of the Sandiganbayan in this case. | |||||