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Lex Traditia |
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Jurisdiction of Supreme Court in Extraordinary Certiorari Case. The Supreme Court is not a trier of facts, more so in the consideration of the extraordinary writ of certiorari where neither questions of fact nor of law are entertained, but only are entertained, but only questions of lack or excess of jurisdiction or grave abuse of entitled to security of tenure nor is he covered by the Land Reform Program of the government under existing discretion. The sole object of the writ is to correct errors of jurisdiction or grave abuse of discretion. The phrase 'grave abuse of discretion' has a precise meaning in law, denoting abuse of discretion "too patent and gross as to amount to an evasion of a positive duty, or a virtual refusal to perform the duty enjoined or act in contemplation of law, or where the power is exercised in an arbitrary and despotic manner by reason of passion and personal hostility." It does not encompass an error of law. Nor does it include a mistake in the appreciation of the contending parties' respective evidence or the evaluation of their relative weight. (ROMY'S FREIGHT SERVICE vs. CASTRO, et al., G.R. No. 141637, June 8, 2006) Enter here for complete text. Download Supreme Court of the Philippines Jurisprudence here. Download Philippine Laws, Issuances and Circulars here. EO 52, PD 46, PD 1602, PD 1613, RA 7796, RA 7844, RA 7975, RA 8369, RA 8533, RA 8552,
RA 8559, RA 8560, RA 8791, RA 9225, RA 9255,
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