This case has been cited 8 times or more.
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2015-02-24 |
PERALTA, J. |
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| Respondents argue that the mandamus aspect of the petition praying that Cadet 1CL Cudia be included in the list of graduating cadets and for him to take part in the commencement exercises was already rendered moot and academic when the graduation ceremonies of the PMA Siklab Diwa Class took place on March 16, 2014. Also, a petition for mandamus is improper since it does not lie to compel the performance of a discretionary duty. Invoking Garcia v. The Faculty Admission Committee, Loyola School of Theology,[59] respondents assert that a mandamus petition could not be availed of to compel an academic institution to allow a student to continue studying therein because it is merely a privilege and not a right. In this case, there is a clear failure on petitioners' part to establish that the PMA has the ministerial duty to include Cadet 1CL Cudia in the list, much less award him with academic honors and commission him to the Philippine Navy. Similar to the case of University of San Agustin, Inc. v. Court of Appeals,[60] it is submitted that the PMA may rightfully exercise its discretionary power on who may be admitted to study pursuant to its academic freedom. | |||||
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2013-01-08 |
BERSAMIN, J. |
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| Similarly, the petition could not be one for mandamus, which is a remedy available only when "any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court."[12] The main objective of mandamus is to compel the performance of a ministerial duty on the part of the respondent. Plainly enough, the writ of mandamus does not issue to control or review the exercise of discretion or to compel a course of conduct,[13] which, it quickly seems to us, was what petitioners would have the Secretary of Justice do in their favor. Consequently, their petition has not indicated how and where the Secretary of Justice's assailed issuances excluded them from the use and enjoyment of a right or office to which they were unquestionably entitled. | |||||
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2010-01-15 |
NACHURA, J. |
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| The writ of mandamus, however, will not issue to compel an official to do anything which is not his duty to do or which it is his duty not to do, or to give to the applicant anything to which he is not entitled by law.[18] Nor will mandamus issue to enforce a right which is in substantial dispute or as to which a substantial doubt exists, although objection raising a mere technical question will be disregarded if the right is clear and the case is meritorious.[19] As a rule, mandamus will not lie in the absence of any of the following grounds: [a] that the court, officer, board, or person against whom the action is taken unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from office, trust, or station; or [b] that such court, officer, board, or person has unlawfully excluded petitioner/relator from the use and enjoyment of a right or office to which he is entitled.[20] On the part of the relator, it is essential to the issuance of a writ of mandamus that he should have a clear legal right to the thing demanded and it must be the imperative duty of respondent to perform the act required.[21] | |||||
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2008-04-18 |
CHICO-NAZARIO, J. |
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| Under Rule 65, Section 3 [84] of the Rules of Court, a petition for mandamus may be filed when any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station. Mandamus is an extraordinary writ to compel the performance, when refused, of a ministerial duty that is already imposed on respondent and there is no other plain, speedy and adequate remedy in the ordinary course of law. Petitioner should have a well-defined, clear and certain legal right to the performance of the act and it must be the clear and imperative duty of respondent to do the act required to be done.[85] | |||||
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2007-03-07 |
CORONA, J. |
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| Under Rule 65, Section 3[16] of the Rules of Court, a petition for mandamus may be filed when any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station. Mandamus is an extraordinary writ that is employed to compel the performance, when refused, of a ministerial duty that is already imposed on the respondent and there is no other plain, speedy and adequate remedy in the ordinary course of law. The petitioner should have a well-defined, clear and certain legal right to the performance of the act and it must be the clear and imperative duty of respondent to do the act required to be done.[17] | |||||
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2006-10-23 |
QUISUMBING, J. |
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| In University of San Agustin, Inc. v. Court of Appeals,[25] we said, ...It is settled that mandamus is employed to compel the performance, when refused, of a ministerial duty, this being its main objective. It does not lie to require anyone to fulfill contractual obligations or to compel a course of conduct, nor to control or review the exercise of discretion. On the part of the petitioner, it is essential to the issuance of a writ of mandamus that he should have a clear legal right to the thing demanded and it must be the imperative duty of the respondent to perform the act required. It never issues in doubtful cases. While it may not be necessary that the duty be absolutely expressed, it must however, be clear. The writ will not issue to compel an official to do anything which is not his duty to do or which is his duty not to do, or give to the applicant anything to which he is not entitled by law. The writ neither confers powers nor imposes duties. It is simply a command to exercise a power already possessed and to perform a duty already imposed. (Emphasis supplied.) In this petition the legal right which is sought to be recognized and enforced hinges on a constitutional and a statutory policy already articulated in operational terms, e.g. in Rep. Act No. 8749, the Philippine Clean Air Act of 1999. Paragraph (a), Section 21 of the Act specifically provides that when PUVs are concerned, the responsibility of implementing the policy falls on respondent DOTC. It provides as follows: SEC 21. Pollution from Motor Vehicles. - a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department [DENR] shall review, revise and publish the standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public. Paragraph (b) states: b) The Department [DENR] in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework . . . . (Emphasis supplied.) There is no dispute that under the Clean Air Act it is the DENR that is tasked to set the emission standards for fuel use and the task of developing an action plan. As far as motor vehicles are concerned, it devolves upon the DOTC and the line agency whose mandate is to oversee that motor vehicles prepare an action plan and implement the emission standards for motor vehicles, namely the LTFRB. | |||||
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2000-06-19 |
PARDO, J. |
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| The petition must fail. The Court of Appeals correctly ruled that the court may not compel the Sugar Regulatory Administration to issue rules and regulations governing the importation of sugar in the absence of "a standard for the control and regulation of sugar importation" vested in it under the law.[8] In other words, it is not the ministerial duty of the SRA specifically enjoined by law to issue rules and regulations governing sugar importation. Mandamus lies to compel the performance of a clear legal duty[9] or a ministerial duty imposed by law upon the defendant or respondent to perform the act required[10] that the law specifically enjoins as a duty resulting from office, trust or station.[11] A clear legal right is one that is founded or granted by law.[12] Unless the right to relief is clear, mandamus will not issue. If there is any discretion as to the taking or non-taking of the action sought, there is no clear legal duty. Petitioners failed to prove that they have a clear legal right. They have failed to point to any specific provision in Executive Order No. 18 vesting in the Sugar Regulatory Administration the power to regulate sugar importation. That is not a power expressly or impliedly vested in the SRA by law. | |||||
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2000-01-19 |
BELLOSILLO, J. |
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| On the second issue, the nature of the remedy of mandamus has been the subject of discussions in several cases. It is settled that mandamus is employed to compel the performance, when refused, of a ministerial duty, this being its main objective. It does not lie to require anyone to fulfill a discretionary duty. It is essential to the issuance of a writ of mandamus that petitioner should have a clear legal right to the thing demanded and it must be the imperative duty of the respondent to perform the act required. It never issues in doubtful cases. While it may not be necessary that the duty be absolutely expressed, it must nevertheless be clear. The writ will not issue to compel an official to do anything which is not his duty to do or which is his duty not to do, or give to the applicant anything to which he is not entitled by law. The writ neither confers powers nor imposes duties. It is simply a command to exercise a power already possessed and to perform a duty already imposed.[6] | |||||