This case has been cited 1 times or more.
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2009-10-27 |
CHICO-NAZARIO, J. |
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| In a petition for prohibition against any tribunal, corporation, board, or person -- whether exercising judicial, quasi-judicial, or ministerial functions -- who has acted without or in excess of jurisdiction or with grave abuse of discretion, the petitioner prays that judgment be rendered, commanding the respondent to desist from further proceeding in the action or matter specified in the petition.[32] On the other hand, the remedy of mandamus lies to compel performance of a ministerial duty.[33] The petitioner for such a writ should have a well-defined, clear and certain legal right to the performance of the act, and it must be the clear and imperative duty of respondent to do the act required to be done.[34] | |||||