This case has been cited 1 times or more.
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2014-04-21 |
MENDOZA, J. |
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| It has been held, however, that a resort to the remedy of mandamus is improper if the standard modes of procedure and forms of remedy are still available and capable of affording relief. The equitable nature of a writ of mandamus was discussed in the case of Uy Kiao Eng vs. Nixon Lee,[27] thus: Mandamus is a command issuing from a court of law of competent jurisdiction, in the name of the state or the sovereign, directed to some inferior court, tribunal, or board, or to some corporation or person requiring the performance of a particular duty therein specified, which duty results from the official station of the party to whom the writ is directed or from operation of law. This definition recognizes the public character of the remedy, and clearly excludes the idea that it may be resorted to for the purpose of enforcing the performance of duties in which the public has no interest. The writ is a proper recourse for citizens who seek to enforce a public right and to compel the performance of a public duty, most especially when the public right involved is mandated by the Constitution. As the quoted provision instructs, mandamus will lie if the tribunal, corporation, board, officer, or person unlawfully neglects the performance of an act which the law enjoins as a duty resulting from an office, trust or station. | |||||