JUSTICE MARTIN VILLARAMA, JR: GRAVE ABUSE OF DISCRETION

GRAVE ABUSE OF DISCRETION is defined as capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. Mere abuse of discretion is not enough. It must be grave abuse of discretion as when the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and must be so patent and so gross as to amount to an evasion of a positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law. (Marcelo G. Ganaden et al. vs. Hon. Office of the Ombudsman and Robert K. Humiwat, G.R. Nos. 169359-61, June 1, 2011, VILLARAMA, JR., J.).