This case has been cited 4 times or more.
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2011-04-11 |
PEREZ, J. |
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| In view of CTCII's acquisition of STRADEC's shares as well as the changes in SIDC's corporate structure which were effected as a consequence thereof, respondents also argue that the writ of preliminary injunction granted in the decision sought to be reconsidered is directed against acts already consummated. Although the general rule is to the effect that a writ of preliminary injunction cannot be issued against acts already fait accompli,[37] it has been held, however, that consummated acts which are continuing in nature may still be enjoined by the courts.[38] The propriety of the grant of the provisional injunctive writ sought by STRADEC having been established, we find that approval of said corporation's Motion to Admit and Approve Preliminary Injunction Bond is in order. Contrary to respondents' harping about the lack of showing thereof in the record, Quiambao's authority to file said motion is implicit in the following 21 May 2009 Directors' Certification attached to STRADEC's petition for review on certiorari, to wit: "WE, as the incumbent members of the Board of Directors of the STRATEGIC ALLIANCE DEVELOPMENT CORPORATION (the "Corporation"), a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal office address at Quezon Boulevard, Poblacion Sur, Bayambang, Pangasinan, Philippines, do hereby certify that the following resolutions were approved by the Board, to wit: | |||||
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2009-10-03 |
BERSAMIN, J. |
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| In a special civil action for certiorari, the petitioner carries the burden of proving not merely reversible error, but grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the public respondent for its issuance of the impugned order.[47] Grave abuse of discretion is present "when there is a capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction, such as 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."[48] In other words, the tribunal or administrative body must have issued the assailed decision, order or resolution in a capricious or despotic manner.[49] | |||||
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2009-08-28 |
BERSAMIN, J. |
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| Grave abuse of discretion is present "when there is a capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction, such as 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."[18] | |||||
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2009-08-19 |
BERSAMIN, J. |
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| Having determined that the petitioner's appeal was properly dismissed, the COMELEC did not commit any grave abuse of discretion amounting to lack or excess of jurisdiction. In a special civil action for certiorari, the petitioner carries the burden of proving not merely reversible error, but grave abuse of discretion amounting to lack or excess of jurisdiction, on the part of the public respondent for his issuance of the impugned order.[26] Grave abuse of discretion is present "when there is a capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction, such as 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] In other words, the tribunal or administrative body must have issued the assailed decision, order or resolution in a capricious or despotic manner.[28] Alas, the petitioner did not discharge his burden. | |||||