This case has been cited 1 times or more.
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2009-03-13 |
NACHURA, J. |
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| Well-entrenched in this jurisdiction is the principle that the office of a petition for certiorari is not the correction of simple errors of judgment but capricious and whimsical exercise of judgment amounting to lack of jurisdiction, or arbitrary and despotic exercise of power because of passion or personal hostility.[33] In this regard, the COMELEC did not commit grave abuse of discretion in treating petitioner's case as a pre-proclamation controversy and in excluding the same, due to lack of merit, from the list annexed to Resolution No. 8212. This is consistent with the policy that pre-proclamation controversies should be summarily decided, consonant with the law's desire that the canvass and proclamation be delayed as little as possible.[34] In the present case, the petition does not, in fact, ascribe grave abuse of discretion nor does it sufficiently show that the COMELEC gravely abused its discretion in excluding his case from the list of those that shall continue. Apart from petitioner's bare allegations, the record is bereft of any evidence to prove that petitioner's pre-proclamation case appears meritorious and warrants the annulment of the proclamation of Vergara as elected mayor of the city and of other respondents who were likewise elected and proclaimed but were not impleaded herein with particularity. | |||||