This case has been cited 2 times or more.
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2014-10-14 |
LEONEN, J. |
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| For mandamus to lie, the act sought to be enjoined must be a ministerial act or duty.[59] An act is ministerial if the act should be performed "[under] a given state of facts, in a prescribed manner, in obedience to the mandate of a legal authority, without regard to or the exercise of [the tribunal or corporation's] own judgment upon the propriety or impropriety of the act done."[60] The tribunal, corporation, board, officer, or person must have no choice but to perform the act specifically enjoined by law.[61] This is opposed to a discretionary act wherein the officer has the choice to decide how or when to perform the duty.[62] | |||||
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2014-10-14 |
LEONEN, J. |
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| In the context of attestation of appointments in the civil service, this court has ruled that the Civil Service Commission's attestation is a ministerial duty once it finds the appointee eligible for the position. The Commission "is limited only to the non-discretionary authority of determining whether or not the person appointed meets all the required conditions laid down by the law."[63] If the appointee possesses the required civil service eligibility, the Commission has "no choice but to attest to the appointment."[64] As this court explained in Luego v. Civil Service Commission:[65] | |||||