This case has been cited 1 times or more.
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2015-04-07 |
REYES, J. |
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| It is essential to the issuance of a writ of mandamus that the applicant 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.[13] The petitioner bears the burden to show that there is such a clear legal right to the performance of the act, and a corresponding compelling duty on the part of the respondent to perform the act. The remedy of mandamus, as an extraordinary writ, lies only to compel an officer to perform a ministerial duty, not a discretionary one.[14] Clearly, the use of discretion and the performance of a ministerial act are mutually exclusive. | |||||