Writ of continuing mandamus only applicable on environment cases -SC

The Supreme Court ruled that the writ of continuing mandamus was only available to environmental cases and could not be used to compel actions connected to the Duterte administration’s war on drugs.

In a 9-page decision, the Supreme Court En Banc dismissed a petition that asked for a writ of continuing mandamus to compel former Philippine National Police (PNP) Chief and now-Senator Ronald “Bato” Dela Rosa, the late Commission on Human Rights (CHR) Chairperson Jose Luis Martin Gascon, and former Justice Secretary Vitaliano Aguirre II to investigate extrajudicial killings.

“In all, the Court cannot grant the relief the petitioners seek. As the OSG rightfully argued, the writ of continuing mandamus is available only in environmental cases, and requiring the submission of periodic reports on the discharge of the respondents’ functions to the Court violates the fundamental doctrine of separation of powers,” the Court said.

According to the Court, the writ of mandamus was a remedy when a person of authority neglects the performance of legal duty or unlawfully excludes another from the use or enjoyment of a right or office.

In their petition, concerned citizens alleged that the respondents failed to adequately perform their duty to prevent violations of the right to life.

Due to this, they asked the court to direct the respondents to investigate every allegation of violations under the drug war and prosecute perpetrators when warranted.

The court was also asked to direct the respondents to submit reports on the actual number of extrajudicial killings and their circumstances, the progress of the investigation, and the positive measures adopted to prevent further violations.

However, for a writ of mandamus to be issued, there must be a clear legal right accruing to the petitioner, a correlative duty incumbent upon the respondent to perform an act, the respondent neglected to perform the act, the duty is ministerial, and there is no other plain, speedy, and adequate remedy.

The court said that it was not established that the respondents neglected their duties as heads of the PNP, CHR, and Department of Justice.

“Besides conjectures and conflicting statements, the petitioners offered no concrete proof that the respondents are remiss in their duties. There is not even an indication that the petitioners requested the respondents to furnish them with information on the measures they are taking to address the reported spate of killings,” it said.

“Their bare allegations cannot be given credence, all the more so with respect to the CHR, as Gascon submitted certified true copies of the CHR’s records for each region on their investigations on the extrajudicial and drug-related killings,” it added.

Under the drug war, at least 6,200 suspects were killed in police operations based on government records. Human rights groups, however, claimed the actual death toll could be from 12,000 to 30,000.

In July, the International Criminal Court Appeals Chamber denied the Philippine government's appeal against the resumption of the investigation into the drug war. — DVM, GMA Integrated News