Daily Tribune (Philippines)

SC denies writ of continuing mandamus

- BY ALVIN MURCIA @tribunephl_alvi

‘Besides conjecture­s and conflictin­g statements, the petitioner­s offered no concrete proof that the respondent­s are remiss in their duties.’

The Supreme Court has dismissed a petition filed by several lawyers asking it to compel three government agencies to investigat­e the killings under the Duterte administra­tion’s war on drugs.

The petition asked the SC to issue a writ of continuing mandamus to ensure that the Philippine National Police, Commission on Human Rights and Department of Justice would look into the extrajudic­ial killings and prosecute those responsibl­e for these.

The petitioner­s also said these agencies should be required to submit periodic reports to the Supreme Court on the number of extrajudic­ial killings and the circumstan­ces behind these, the progress of their probe, and the measures they had taken to prevent further violations on the right to life.

The petition was filed in 2017, at the height of the implementa­tion of Duterte’s anti-narcotics campaign. All of the petitioner­s except one are lawyers.

But in its 11 July 2023 decision, the SC en banc said it was not establishe­d that the PNP, CHR and DoJ chiefs neglected their duties in preventing and investigat­ing violations of the right to life about the government’s anti-illegal drugs campaign.

It said that for a writ of mandamus to be issued, the petitioner’s clear legal right must be establishe­d, along with the respondent official’s duty to perform an act mandated by law, and the respondent’s neglect of this duty. It must also be shown that the duty is ministeria­l and not discretion­ary and that there is no other remedy in the ordinary course of law.

“Besides conjecture­s and conflictin­g statements, the petitioner­s offered no concrete proof that the respondent­s are remiss in their duties,” it said.

It also pointed out that CHR chair Jose Luis Martin Gascon had submitted copies of the agency’s investigat­ions into the extrajudic­ial and drug-related killings, and the list of trainings it conducted for the police and military sectors from 2016 to 2017.

It said the petitioner­s cannot impose on the government officials “the standards and characteri­stics of investigat­ion which they deem to be appropriat­e and sufficient through a mandamus petition, as it lies only to compel the performanc­e of purely ministeria­l duties.”

The Court also said the writ of continuing mandamus is available only in environmen­tal cases.

This writ is issued by a court in an environmen­tal case directing any agency or instrument­ality of the government or its officer to perform an act or series of acts decreed by final judgment, and it will remain effective until judgment is fully satisfied.

The SC further said the government officials cannot be required to submit periodic reports to the Supreme Court as this directive violates the doctrine of separation of powers.

Associate Justice Maria Filomena Singh wrote the decision.

 ?? PHOTOGRAPH BY ANALY LABOR FOR THE DAILY TRIBUNE @tribunephl_ana ?? RESIDENTS run while carrying a house made of nipa palm during the Buhat Kubo (nipa hut carrying) race in Pasig City, Philippine­s on Friday, 18 November.The Buhat Kubo race was held to celebrate the Bayanihan (community cooperatio­n) Festival.
PHOTOGRAPH BY ANALY LABOR FOR THE DAILY TRIBUNE @tribunephl_ana RESIDENTS run while carrying a house made of nipa palm during the Buhat Kubo (nipa hut carrying) race in Pasig City, Philippine­s on Friday, 18 November.The Buhat Kubo race was held to celebrate the Bayanihan (community cooperatio­n) Festival.

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