This case has been cited 1 times or more.
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2008-02-15 |
YNARES-SATIAGO, J. |
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| As a general rule, the writ of mandamus lies to compel the performance of a ministerial duty. When the act sought to be performed involves the exercise of discretion, the respondent may only be directed by Mandamus to act but not to act in one way or the other.[9] The denial of due course or cancellation of one's certificate of candidacy is not within the administrative powers of the Commission, but rather calls for the exercise of its quasi-judicial functions.[10] Hence, the Court may only compel COMELEC to exercise such discretion and resolve the matter but it may not control the manner of exercising such discretion. However, as previously discussed, the issuance of a writ commanding COMELEC to resolve the petition for disqualification will no longer serve any purpose since COMELEC has issued its decision on the matter. | |||||