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.

References in periodicals archive ?
In a unanimous decision on March 8, the high court ordered the Comelec to issue voter receipts as a verification mechanism for the electorate in the May 9 elections, granting the mandamus petition that senatorial candidate Richard Gordon filed on Feb.
All 14 justices present at Tuesday's en banc session issued the order in granting the mandamus petition that senatorial candidate Richard Gordon and his party Bagumbayan-VNP Movement Inc.
The Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) and lawyer Ted Contacto, who is running for Albay representative under the party, filed the mandamus petition around 3 p.
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.
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.