GRAVE ABUSE OF DISCRETION:

     Grave abuse of discretion is defined as capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be 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 and hostility. The subject Resolutions having been issued in accordance with law and existing jurisprudence, no grave abuse of discretion could be ascribed to the appellate court. (Marcelo G. Ganaden al. vs. Fermin P. Lanag, Sr., et al., G.R. Nos. 170500 & 170510-11 June 1, 2011, VILLARAMA, JR., J.).