Nothing Special   »   [go: up one dir, main page]

Regional Trial Court or Court of Appeals Suprem e Court

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

Purpose

Jurisdictio Venue
n

Parties

Requisites

Judgment
Contained

Post
Judgment
Remedies

As a special
civil action,
the WoCMa
may
be
availed of to
compel
the
performance
of
an
act
specifically
enjoined by
law.
It
permits the
court
to
retain
jurisdiction
after
judgment in
order
to
ensure
the
successful
implementati
on of the
reliefs
mandated
under
the
courts
decision.

Regional
Trial
Court or
with the
Court of
Appeals
or
the
Suprem
e Court

Petitioner: A writ of
continuing
mandamus
is
available
to
a
broad
range
of
persons such as
natural or juridical
person,
entity
authorized by law,
peoples
organization, NGO,
or
any
public
interest
group
accredited by or
registered with any
government
agency, on behalf
of persons whose
right to a balanced
and
healthful
ecology is violated
or threatened to be
violated.
Respondent: The
respondent in a
petition
for
continuing
mandamus is only
the government.

(a)an act which


the law specifically
enjoins as a duty
resulting from an
office,
trust
or
station
in
connection
with
the
enforcement
or violation of an
environmental law
rule or regulation
or a right therein;
or
(b) the unlawful
exclusion
of
another from the
use or enjoyment
of such right and
in both instances,
there is no other
plain, speedy and
adequate remedy
in the ordinary
course of law.
(c)
the
person
aggrieved thereby
may file a verified
petition
in
the
proper court, The
petition shall also
contain a sworn
certification
of
non-forum

If
warranted,
the
court
shall grant
the
privilege of
the writ of
continuing
mandamus
requiring
respondent
to perform
an act or
series
of
acts
until
the
judgment is
fully
satisfied
and
to
grant such
other reliefs
as may be
warranted
resulting
from
the
wrongful or

Return of the
writ.
The
periodic reports
submitted
by
the respondent
detailing
compliance
with
the
judgment shall
be contained in
partial returns
of
the
writ.
Upon
full
satisfaction of
the judgment, a
final return of
the writ shall be
made to the
court by the
respondent. If
the court finds
that
the
judgment
has
been
fully
implemented,
the
satisfaction of
judgment
shall
be
entered in the
court docket.

RTC
where
Territory
where
the
actionabl
e neglect
or
omission
occurred
or
with
the Court
of
Appeals
or
the
Supreme
Court

shopping.

illegal acts
of
the
respondent.

You might also like