This case has been cited 3 times or more.
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2016-01-13 |
PERALTA, J. |
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| Second, petitioners filed the instant action when they clearly had some other plain, speedy, and adequate remedy in the ordinary course of law. A remedy is considered plain, speedy and adequate if it will promptly relieve the petitioner from the injurious effects of the judgment or rule, order or resolution of the lower court or agency.[12] As public respondent pointed out, the remedy of a motion for reconsideration was still available to petitioners, as expressly granted by the following Section 8 of Rule III of the Rules of Procedure of the Office of the Ombudsman, as amended by Administrative Order (AO) No. 17: Section 8. Motion for reconsideration or reinvestigation: Grounds - Whenever allowable, a motion for reconsideration or reinvestigation may only be entertained if filed within ten (10) days from receipt of the decision or order by the party on the basis of any of the following grounds: | |||||
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2010-12-15 |
DEL CASTILLO, J. |
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| [21] Badiola v. Court of Appeals, G.R. No. 170691, April 23, 2008, 552 SCRA 562, 581. | |||||
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2010-03-05 |
VELASCO JR., J. |
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| Given petitioner's flawed arguments, we hold that the respondent court did not commit any grave abuse of discretion. Grave abuse of discretion is present when there is an arbitrary exercise of power owing from passion, prejudice, or personal hostility; or a whimsical, arbitrary, or capricious exercise of power that amounts to a shirking from or refusal to perform a positive duty enjoined by law or to act at all in contemplation of law. The abuse of discretion must be patent and gross for the act to be held as one made with grave abuse of discretion.[41] We find respondent court's issuance of the assailed orders justified and with no abuse of discretion. Its reliance on the provisions of PD 1083 in asserting its jurisdiction was sound and unassailable. | |||||