Civil Procedure

Civil Procedure A satisfied Microsoft Office User Normal A satisfied Microsoft Office User 2 3 2002-01-10T09:24:00Z 2002-01-10T09:24:00Z 1 55 318 sc 2 1 390 9.2720 120

4. Prohibition

1. Requisites

(1) a tribunal, corporation, board, officers or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty arising from an office, trust, or station or unlawfully excludes another from the use or enjoyment of a right or office to which the plaintiff is entitled; and

(2) there is no other plain, speedy and adequate remedy in the ordinary course of law.

2. Decisional Rules

2.1 Mandamus is an appropriate remedy to compel a corporation to grant its monthly salaried employees holiday pay. 436

2.2 Mandamus is not proper to compel a school to enroll a student for academic deficiencies because this involves the exercise by the school of discretion under academic freedom. 437

2.3 Mandamus will not lie against the President or Congress because of the principle that the judiciary is a co-equal department of the latter. 438

2.4 Failure to exhaust administrative remedies is generally fatal to an action for mandamus . 439 The exception is when the question is purely of law. 440

436 Mantrade/FMMC Division Employees and Workers Union v. Bacungan , No. L-48437, September 30, 1986, 144 SCRA 510.

437 University of the Philippines v. Ayson , G. R. No. 88386, August 17, 1989, 176 SCRA 571.

438 Suanes v. Chief Accountant of the Senate , 81 Phil. 818 [1948] Resolution on the Motion for Reconsideration, 81 Phil. 877 [1948].

439 Aquino v. Mariano , No. L-30485, May 31, 1984, 129 SCRA 532.

440 One Heart Sporting Club, Inc. v. Court of Appeals , No. L-53790, October 23, 1981, 108 SCRA 416.