Tuesday, December 4, 2012

Rule 65; certiorari - sc.judiciary.gov.ph/jurisprudence/2012/november2012/199433.pdf

sc.judiciary.gov.ph/jurisprudence/2012/november2012/199433.pdf

"x x x.


We stress that 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.

  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.”

  In other words, the tribunal or administrative body must have issued the assailed decision, order or resolution in a capricious or despotic manner.

  Petitioner failed to discharge that burden and perforce the petition must fail.

x x x."