This case has been cited 4 times or more.
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2012-03-21 |
LEONARDO-DE CASTRO, J. |
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| In addition, mandamus applies as a remedy when the petitioner's right is founded clearly in law and is not doubtful.[35] | |||||
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2010-01-15 |
NACHURA, J. |
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| Recognized further in this jurisdiction is the principle that mandamus cannot be used to enforce contractual obligations.[22] Generally, mandamus will not lie to enforce purely private contract rights, and will not lie against an individual unless some obligation in the nature of a public or quasi-public duty is imposed.[23] The writ is not appropriate to enforce a private right against an individual.[24] The writ of mandamus lies to enforce the execution of an act, when, otherwise, justice would be obstructed; and, regularly, issues only in cases relating to the public and to the government; hence, it is called a prerogative writ.[25] To preserve its prerogative character, mandamus is not used for the redress of private wrongs, but only in matters relating to the public.[26] | |||||
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2007-03-05 |
CHICO-NAZARIO, J. |
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| It is elementary that mandamus applies as a remedy only where petitioner's right is founded clearly on law and not when it is doubtful.[20] In varying language, the principle echoed and reechoed is that legal rights may be enforced by mandamus only if those rights are well-defined, clear and certain.[21] A writ of mandamus can be issued only when petitioner's legal right to the performance of a particular act which is sought to be compelled is clear and complete. [22] A clear legal right is a right which is indubitably granted by law or is inferable as a matter of law.[23] Mandamus, therefore, is employed to compel the performance, when refused, of a ministerial duty, this being its chief use and not a discretionary duty.[24] | |||||
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2006-12-19 |
TINGA, J. |
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| The relationship being contractual in nature, mandamus is therefore not an available remedy since mandamus does not lie to enforce the performance of contractual obligations.[37] | |||||