JUSTICE MARTIN VILLARAMA, JR.: THERE IS GRAVE ABUSE OF DISCRETION WHERE THE PUBLIC RESPONDENT ACTS IN A CAPRICIOUS, WHIMSICAL, ARBITRARY OR DESPOTIC MANNER IN THE EXERCISE OF ITS JUDGMENT AS TO BE EQUIVALENT TO LACK OF JURISDICTION.

 The abuse of discretion must be so patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.  (Marino B. Icdang vs. Sandiganbayan (Second Division) and People of the Phils., G.R. No. 185960, Jan. 25, 2012, VILLARAMA, JR., J.)