This case has been cited 2 times or more.
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2010-01-15 |
NACHURA, J. |
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| Moreover, an important principle followed in the issuance of the writ is that there should be no plain, speedy and adequate remedy in the ordinary course of law other than the remedy of mandamus being invoked.[27] In other words, mandamus can be issued only in cases where the usual modes of procedure and forms of remedy are powerless to afford relief.[28] Although classified as a legal remedy, mandamus is equitable in its nature and its issuance is generally controlled by equitable principles.[29] Indeed, the grant of the writ of mandamus lies in the sound discretion of the court. | |||||
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2009-08-07 |
CARPIO, J. |
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| In Pimentel III v. COMELEC,[18] we already discussed the implications of the amendments introduced by Sections 37 and 38 to Sections 15 and 30[19] of RA 7166, respectively and we declared: Indeed, this Court recognizes that by virtue of the amendments introduced by Republic Act No. 9369 to Sections 15 and 30 of Republic Act No. 7166, pre-proclamation cases involving the authenticity and due execution of certificates of canvass are now allowed in elections for President, Vice-President, and Senators. The intention of Congress to treat a case falling under Section 30 of Republic Act No. 7166, as amended by Republic Act No. 9369, as a pre-proclamation case is apparent in the fourth paragraph of the said provision which adopts and applies to such a case the same procedure provided under Sections 17, 18, 19 and 20 of Republic Act No. 7166 on pre-proclamation controversies. | |||||