Grave Abuse of Discretion

People v Lagos
G.R. No. 184658; March 06, 2013
Quick Facts:
Acting on a tip from a confidential informant (CI),
members of the PNPs Anti-Illegal Drugs Special
Operation Task Force (ADSOTF) set-up a buy-bust
operation against Castel Brian Estacio, whom the
CI claimed was selling ecstasy. Catching Estacio in
flagrante delicto, the police officers filed an
information against Estacio et al. The latter sought
the inhibition of the judge (Judge Sagum) causing
Judge Sagum to do so, and the case raffled off the
Judge Lagos. Judge Lagos granted Estacio et als
demurrer to evidence, and subsequently acquitted
them of all charges. Case was filed against Judge
Lagos citing grave abuse of discretion.
On Grave abuse of Discretion
The Supreme Court is endowed with the power to
determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the government. Here, the party
asking for the review must show the presence of a
whimsical or capricious exercise of judgment
equivalent to lack of jurisdiction a patent and gross
abuse of discretion amounting to an evasion of a

positive duty or to a virtual refusal to perform a

duty imposed by law or to act in contemplation of
law an exercise of power in an arbitrary and
despotic manner by reason of passion and hostility
or a blatant abuse of authority to a point so grave
and so severe as to deprive the court of its very
power to dispense justice. In such event, the
accused cannot be considered at risk of double
jeopardy.
Judge Lagos, in granting the demurrer and his
eventual acquittal of the accused, had declared
that the testimonies of the ADSOTF members were
not sufficient to show the illegal sale, nor the
members personal knowledge thereof. The Court
found the judges reasoning wanting: the members
of the task force themselves having acted as the
poseur-buyer, having been within the vicinity of the
sale, and having found both the drugs and marked
money on the person of Estacio et al. thus
satisfying the requirements of consummation of an
illegal sale of drugs. Court also found Judge Lagos
reasoning
that
the
CIs
testimony
was
indispensable to the case in error.
Court then annulled his decision, and ordered the
reinstatement of the case.