This case has been cited 2 times or more.
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2007-01-24 |
YNARES-SANTIAGO, J. |
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| The term "grave abuse of discretion," in its juridical sense, connotes, as Litton Mills, Inc. vs. Galleon Trader, Inc., and a host of other cases teach, capricious, despotic, oppressive or whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse must be of such degree as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, as where the power is exercised in an arbitrary and capricious manner by reason of passion and hostility. The word "capricious", usually used in tandem with the term "arbitrary", conveys the notion of willful and unreasoning action. Thus, when seeking the corrective hand of certiorari, a clear showing of caprice and arbitrariness in the exercise of discretion is imperative. The COMELEC En Banc, in dismissing the petition for petitioner's failure to comply with Sec. 2, Rule 28 of the COMELEC Rules of Procedure, only followed its rules pursuant to its constitutional mandate to promulgate "rules of procedure to expedite disposition of election cases."[17] The dismissal of Torres' petition is warranted under the Rules and does not constitute grave abuse of discretion. Strict compliance with the mandatory rules of procedure is the established norm and any relaxation of that standard could only be an exception. Utter disregard of the rules cannot justly be rationalized by harping on the policy of liberal construction.[18] | |||||
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2004-12-17 |
TINGA, J. |
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| higher interest of justice,"[35] a pro forma claim if ever there was one. The CSC also similarly invokes the suspension of procedural rules, and also claims that Asensi" should not escape administrative liability on mere technicality," considering that she is a public officer.[36] Strict compliance with the mandatory rules of procedure is the established norm and any relaxation from that standard could only be an exception.[37] Utter disregard of the rules cannot justly be rationalized by harking on the policy of liberal | |||||