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Showing 1–24 of 57 articles for “mandamus”

Mandamus and Retirement Benefits: How Government Employees Can Enforce Their Rights

Learn how mandamus can compel government agencies to release delayed retirement benefits, based on a recent Supreme Court ruling.

Mandamus and Funding for National Sports: A Clear Legal Duty

Supreme Court clarifies mandamus requirements and orders PAGCOR, PCSO to fully fund the Philippine Sports Commission under RA 6847.

Mandamus and Inordinate Delay in Government Investigations: Key Lessons from Baquirin v. Dela Rosa

The Supreme Court clarifies when mandamus can compel government investigation of alleged extrajudicial killings, and why standing and hierarchy of courts matter.

Legal Standing and Public Interest Litigation: When Can You Sue the Government in the Philippines?

The Supreme Court explains legal standing, hierarchy of courts, and when citizens may sue the government in this 2023 mandamus ruling.

Mandamus and Local Governance: Ensuring the Operation of Newly Created Provinces in the Philippines

The Supreme Court clarifies that newly created provinces must not be left without officials, compelling the BLGF to process appointments.

Mandamus Denied: Court Upholds Comelec Authority Over Election Technology Rules

Supreme Court dismisses petition to compel Comelec to issue election automation rules, citing procedural defects and lack of standing.

Dengvaxia Mandamus Petition: Supreme Court on Judicial Power in Public Health Crises

Supreme Court dismisses Dengvaxia mandamus petition, ruling continuing mandamus is for environmental cases, not health rights disputes.

ERC's Duty to Act: Mandamus and the Independent Market Operator

The Supreme Court compels the ERC to act on IEMOP's market fees application, affirming the IMO transition under EPIRA.

Mandamus and Government Contracts: Enforcing Legal Duties in Joint Venture Agreements

When can courts compel government agencies to honor joint venture commitments? The Supreme Court clarifies mandamus and ministerial duties.

Presidential Immunity and Foreign Affairs Discretion: Lessons from Esmero v. Duterte

The Supreme Court explains why the President's foreign affairs decisions are discretionary and cannot be compelled by mandamus.

Writs of Kalikasan and Continuing Mandamus: Scope and Limits in Philippine Environmental Law

The Supreme Court clarifies when the writ of kalikasan and continuing mandamus apply, and why not every environmental case qualifies.

Mandamus as a Remedy Against Unlawful Exclusion: Lessons from Municipality of Payao v. Municipality of Imelda

The Supreme Court clarifies when mandamus—not quo warranto—is the proper remedy against unlawful exclusion from a right or office.

Presidential Immunity and Mandamus Limits in COVID-19 Vaccine Procurement Cases

Supreme Court explains presidential immunity from suit and why mandamus cannot compel discretionary vaccine procurement decisions.

Limits of Mandamus: DepEd Not Compelled to Collect Loan Payments for Private Lenders

Supreme Court rules DepEd cannot be compelled by mandamus to collect and remit teacher loan payments for private lenders.

The Limits of Mandamus: When Courts Can Compel Government Actions

Philippine Supreme Court clarifies when courts can compel government action, explaining the limits of mandamus in government contract negotiations.

Mandamus and Barangay Funds: The Imperative of a Clear Legal Right

A barangay official ousted by final court ruling cannot compel fund release via mandamus without a clear legal right.

Road Sharing Principle: Balancing Environmental Protection and Executive Discretion

The Supreme Court clarifies the limits of writs of kalikasan and continuing mandamus in environmental cases, respecting executive discretion.

Treaty Obligations vs Domestic Law: Enforceability of UN Human Rights Committee Views in Philippine Courts

The Supreme Court rules that UN Human Rights Committee views are recommendatory, not enforceable through mandamus in Philippine courts.

Mandamus and Stock Transfers: Protecting Transferee Rights in Corporate Actions

A transferee of shares can sue for mandamus to compel registration of stock transfer, even before the transfer is recorded.

The Limits of Mandamus in Enforcing Disputed Informer's Rewards

When can a court compel payment of an informer's reward? The Supreme Court clarifies that mandamus only lies for clear, undisputed rights.

Comelec Must Enable Voter Verified Paper Audit Trail: Mandamus Granted

Supreme Court compels Comelec to activate VVPAT feature, affirming voters' right to verify their ballots under election law.

When Customary Law Meets Final Judgment: The Limits of Mandamus in IPRA Disputes

The Supreme Court clarifies when IPRA customary laws apply in disputes and why a final judgment cannot be overturned through a writ of mandamus.

When Courts Lack Jurisdiction: Unlawful Detainer and the Limits of Mandamus in Local Governance

Understand when a case is unlawful detainer vs. accion publiciana, and why jurisdictional errors void court decisions.

Mandamus and the House Speaker's Duty to Seat a Duly Proclaimed Representative

When can the Supreme Court compel the House Speaker to seat a representative? The Velasco ruling explains the ministerial duty after disqualification.