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BPI FAMILY SAVINGS BANK v. ROMEO MANIKAN

This case has been cited 7 times or more.

	GR No. 172652 2014-11-26	METROPOLITAN BANK v. WILFRED N. CHIOK LEONARDO-DE CASTRO, J.
The legal effects of a manager's check and a cashier's check are the same. A manager's check, like a cashier's check, is an order of the bank to pay, drawn upon itself, committing in effect its total resources, integrity, and honor behind its issuance. By its peculiar character and general use in commerce, a manager's check or a cashier's check is regarded substantially to be as good as the money it represents.[32] Thus, the succeeding discussions and jurisprudence on manager's checks, unless stated otherwise, are applicable to cashier's checks, and vice versa.
	GR No. 174237 2010-02-18	TERESITA L. ARAOS v. LEA REGALA CARPIO MORALES, J.
For mandamus to issue, it is essential that the person petitioning for it has a clear legal right to the claim sought.[11] It will not issue to enforce a right, or to compel compliance with a duty, which is questionable or over which a substantial doubt exists.[12] Thus, unless the right to the relief sought is unclouded, it will be denied.
	GR No. 169914 2008-04-18	ASIA'S EMERGING DRAGON CORPORATION v. DEPARTMENT OF TRANSPORTATION CHICO-NAZARIO, J.
Mandamus will not issue to enforce a right, or to compel compliance with a duty, which is questionable or over which a substantial doubt exists. The principal function of the writ of mandamus is to command and to expedite, not to inquire and to adjudicate; thus, it is neither the office nor the aim of the writ to secure a legal right but to implement that which is already established. Unless the right to the relief sought is unclouded, mandamus will not issue.[86]
	GR No. 177927 2008-02-15	FLORANTE S. QUIZON v. COMELEC and ROBERTO VILLANUEVA PUNO YNARES-SATIAGO, J.
The principal function of the writ of mandamus is to command and to expedite, not to inquire and to adjudicate.[7] Here, Quizon prayed that COMELEC be ordered to resolve the petition for disqualification. However, pending resolution of the instant petition for mandamus, the COMELEC issued its Resolution on the petition for disqualification rendering the instant case moot.
	GR NO. 156052 2007-03-07	SOCIAL JUSTICE SOCIETY v. JOSE L. ATIENZA CORONA, J.
Mandamus will not issue to enforce a right, or to compel compliance with a duty, which is questionable or over which a substantial doubt exists. The principal function of the writ of mandamus is to command and to expedite, not to inquire and to adjudicate; thus, it is neither the office nor the aim of the writ to secure a legal right but to implement that which is already established. Unless the right to the relief sought is unclouded, mandamus will not issue.[18]
	GR NO. 169213 2006-06-22	GANIE P. OLAMA v. PHILIPPINE NATIONAL BANK YNARES-SANTIAGO, J.
Further, it is settled that in order that a writ of mandamus may aptly issue, it is essential that, on the one hand, the person petitioning for it has a clear legal right to the claim that is sought and that, on the other hand, the respondent has an imperative duty to perform that which is demanded of him. Mandamus will not issue to enforce a right, or to compel compliance with a duty, which is questionable or over which a substantial doubt exists. The principal function of the writ of mandamus is to command and to expedite, not to inquire and to adjudicate; thus, it is neither the office nor the aim of the writ to secure a legal right but to implement that which is already established. Unless the right to the relief is unclouded, mandamus will not issue.[21]
	GR NO. 153563 2005-02-07	NATIONAL TRUCKING v. LORENZO SHIPPING CORPORATION QUISUMBING, J.
Moreover, an award of attorney's fees, in the concept of damages under Article 2208 of the Civil Code,[12] requires factual and legal justifications. While the law allows some degree of discretion on the part of the courts in awarding attorney's fees and expenses of litigation, the discretion must be exercised with great care approximating as closely as possible, the instances exemplified by the law.[13] We have searched but found nothing in petitioner's suit that justifies the award of attorney's fees.