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    Regional Trial Court or Court of Appeals Suprem e Court

    Uploaded by

    Lanz Olives
    This document discusses the writ of continuing mandamus, which allows courts to compel government performance of legally required acts and retain jurisdiction to ensure compliance. It can be filed in regional trial courts or appellate courts. Petitioners include individuals and organizations representing public interests. Respondents are government entities. Courts may issue judgments requiring ongoing compliance through periodic reporting until the judgment is fully satisfied.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Regional Trial Court or Court of Appeals Suprem e Court

    Uploaded by

    Lanz Olives
    18 views2 pages
    This document discusses the writ of continuing mandamus, which allows courts to compel government performance of legally required acts and retain jurisdiction to ensure compliance. It can be filed in regional trial courts or appellate courts. Petitioners include individuals and organizations representing public interests. Respondents are government entities. Courts may issue judgments requiring ongoing compliance through periodic reporting until the judgment is fully satisfied.

    Original Description:

    sdfsdfsdlfkjdflksdj mandamus chart para lang makadownload ng something sa class putik

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    mandamus chart.docx

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    This document discusses the writ of continuing mandamus, which allows courts to compel government performance of legally required acts and retain jurisdiction to ensure compliance. It can be filed in regional trial courts or appellate courts. Petitioners include individuals and organizations representing public interests. Respondents are government entities. Courts may issue judgments requiring ongoing compliance through periodic reporting until the judgment is fully satisfied.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    18 views2 pages

    Regional Trial Court or Court of Appeals Suprem e Court

    Uploaded by

    Lanz Olives
    This document discusses the writ of continuing mandamus, which allows courts to compel government performance of legally required acts and retain jurisdiction to ensure compliance. It can be filed in regional trial courts or appellate courts. Petitioners include individuals and organizations representing public interests. Respondents are government entities. Courts may issue judgments requiring ongoing compliance through periodic reporting until the judgment is fully satisfied.

    Copyright:

    © All Rights Reserved
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    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.

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