February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199979 : February 07, 2012]
MANOLITO A. AGLIPAY v. COMMISSION ON ELECTIONS AND LEO BULOS
"G.R. No. 199979 (Manolito A. Aglipay v. Commission on Elections and Leo Bulos).
RESOLUTION
The Court resolves to DISMISS the petition for failure to show that any grave abuse of discretion was committed by the Commission on Elections in denying petitioner's unverified motion for reconsideration. On the contrary, said denial appears to be in accord with the facts and the applicable law and jurisprudence. Grave abuse of discretion implies capricious and whimsical exercise of judgment amounting to lack of jurisdiction, or arbitrary and despotic exercise of power because of passion or personal hostility.[1] It is not sufficient that a tribunal, in the exercise of its power, abused its discretion; such abuse must be grave.[2] The Court finds that in the present case, no grave abuse of discretion attended public respondent's denial of the motion and subsequent holding that the First Division's challenged resolution has become final and executory because it only applied Section 3, Rule 19, COMELEC Rules of Procedure."[3] cralaw
Del Castillo, J., on leave.
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court
Endnotes:
[1] Navarosa v. Commission on Elections, 458 Phil. 233, 254 (2003).[2] Benito v. Commission on Elections, 402 Phil. 764, 773 (2001).
[3] Mutilan v. Commission on Elections, G.R. No. 171248, April 2, 2007, 520 SCRA 152, 163.