This case has been cited 1 times or more.
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2000-04-12 |
PUNO, J. |
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| Furthermore, mandamus is an extraordinary remedy that may be availed of only when there is no plain, speedy and adequate remedy in the ordinary course of law. A petition for mandamus is premature if there are administrative remedies available to the petitioner.[25] If superior administrative officers could grant the relief prayed for, special civil actions are generally not entertained.[26] In the instant case, petitioner has not exhausted his administrative remedies. He may seek another demolition order from the NHA General Manager this time directly addressed to respondent Carangdang or the pertinent NHA representative. In fact, the Government Corporate Counsel[27] asserts that petitioner should have brought Carangdang's inaction to the attention of her superiors. There is therefore no extreme necessity to invoke judicial action as the administrative set-up could have easily corrected the alleged failure to act.[28] The General Manager, as Chief Executive Officer of the NHA, has the power of supervision over the operations and internal affairs of NHA.[29] | |||||