mandamus

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Related to Mandamus petition: writ of mandamus

mandamus

In the nature of an appeal, mandamus is a command from a court ordering a government authority, or a lower court official, to do some act that is within their power to do and they are supposed to do without exercising any discretion. One would appeal a decision to deny a building permit for construction with minor or inconsequential variances from code requirements. However,
one would seek mandamus if the permitting office acknowledged that all requirements had been met, but still refused to issue the permit. The decision of proper remedy—mandamus or appeal—is highly technical,and the wrong choice could result in the loss of all rights to reverse a decision.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
In a mandamus petition, Gordon and his political party, Bagumbayan-Volunteers for a New Philippines, said he was appalled at the way the Comelec and its automation service contractor, Smartmatic-TIM Corp., were disregarding and refusing to implement any of the security features required under Republic Act No.
12 ruling, the high court granted the mandamus petition filed by Velasco seeking to compel House Speaker Feliciano Belmonte and secretary general Marilyn Barua-Yap to install him (Velasco) congressman and oust Regina Ongsiako-Reyes, whom the House had earlier recognized.
In deciding on Velascos mandamus petition, the court said Belmonte and Barua-Yap were legally duty-bound to recognize Velasco as the duly elected Marinduque congressman as the courts October 2013 was final and executory.
When the House refused to enforce the Supreme Court ruling and continued to recognize Reyes as the Marinduque representative, Velasco filed a mandamus petition with the high court.
The certiorari and mandamus petition asked the high court to issue a temporary restraining order or preliminary mandatory injunction to stop the Comelec from imposing the Oct.