file:cvpro_part_3_id.htm
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
(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.
2.1 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.