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DANILO 'DAN' FERNANDEZ v. COMELEC

This case has been cited 3 times or more.

	GR No. 163788 2009-08-24	ESTER B. MARALIT v. PHILIPPINE NATIONAL BANK CARPIO, J.
The Court is unimpressed. Grave abuse of discretion arises when a court or tribunal exercises powers granted by law capriciously, whimsically, or arbitrarily.[18] Indeed, the law grants the NLRC the power to review decisions of labor arbiters. However, the fact that the law grants the NLRC the power to review decisions of labor arbiters does not automatically rule
	GR No. 184801 2009-07-30	JONAS TAGUIAM v. COMELEC YNARES-SANTIAGO, J.
Grave abuse of discretion arises when a lower court or tribunal violates the Constitution, the law or existing jurisprudence. Grave abuse of discretion means such capricious and whimsical exercise of judgment as would amount to lack of jurisdiction; it contemplates a situation where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, so patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform the duty enjoined by, or to act at all in contemplation of law. In a certiorari proceeding, as in the instant case, it is imperative for petitioner to show caprice and arbitrariness on the part of the court or agency whose exercise of discretion is being assailed.[18]
	GR No. 182084 2008-10-06	LIBRADO M. CABRERA v. COMELEC NACHURA, J.
In applying for a certiorari writ, it is imperative for the petitioner to show that caprice and arbitrariness characterized the act of the court or agency whose exercise of discretion is being assailed. This is because "grave abuse of discretion" is the capricious and whimsical exercise of judgment that amounts to lack of jurisdiction. It contemplates a situation where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility--so patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform the duty enjoined by, or to act at all in contemplation of, law. "Grave abuse of discretion" arises when a lower court or tribunal violates the Constitution, the law or existing jurisprudence.[14]