MANDAMUS: RULE 65

Source of Rule: Sec3, Rule 65. Latin term: We Command Change in Rule: No substantial changes. Respondent was used instead of defendant and the requirement for the Sworn Certification of non-forum shopping. What is Mandamus? Writ issued in the name of the State, to an inferior tribunal, a corporation, board or person, commanding the performance of an act which the law enjoins as a duty resulting from an office, trust, or station. Purpose: To COMPEL the performance, when refused, of a ministerial duty, this being its main objective. It does not lie to require anyone to fulfill a contractual obligation or to compel a course of conduct, nor to control or review the exercise of discretion. Grounds for Mandamus: (Sec. 3)(1) Against any tribunal which UNLAWFULLY NEGLECTS the performance of an act which the law specifically enjoins as duty(2) In case any corporation, board, person UNLAWFULLY NEGLECTS the performance of an act which the law enjoins as a duty resulting from an Office/trust/station (3) In case any tribunal, corporation, board, or person unlawfully excludes another from the use and enjoyment of a right or office to which such other is legally entitled and there is no other plain, speedy or adequate remedy in the ordinary course of law. When is Mandamus PROPER? It is used to compel a judge or other public officer to perform a duty specifically enjoined by law once it is shown that the judge or public office has unlawfully neglected the performance. A court neglects the performance of its duties only after demand has been made upon it, refuses to perform the same. PRESENCE OF CLEAR LEGAL RIGHT AND IMPERATIVE DUTY The nature of mandamus has been the subject of discussions in several cases. It is settled that mandamus is employed to compel the performance, when refused, of a ministerial duty (as main objective)When not proper? It does not require anyone to fulfill contractual obligations to compel a course of conduct, nor to control or review the exercise of discretionPetitioner- it is essential to the issuance of a writ of mandamus that he should have clear legal right to the thing demanded and it must be imperative duty of the RESPONDENT to perform act required. The writ will not issue to compel an official to do anything which is not his duty to do or which is his duty not to do, or to the applicant anything to which he is not entitled by law. The writ neither confers powers nor imposes duties. It is simply a command to exercise a power already possessed and to perform a duty already imposed. There must be clear legal right. If there is discretion as to the taking or non-talking of the action sought there is no clear legal duty, mandamus will not lie. MINISTERIAL vs DISCRETIONARY DUTYMinisterial Duty: That which is so clear and specific as to leave no room for the exercise of discretion in its performance. Discretionary duty is that which by its nature REQUIRES the exercise of judgment