S.A 2020/21 B.E REMEDIAL LAW | Question #06

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SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN REMEDIAL LAW #RemedialLaw #PreviousBarQuestions Code: S.A 2020/21 B.E REMEDIAL LAW | Question #06

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  BAR QUESTION:

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 Will a petition for mandamus lie to compel the Secretary of Foreign Affairs to convene representatives of neighboring countries similarly situated with the Philippines in order for them to find diplomatic solutions to enforce the Arbitral Award relating to the West Philippine Sea? Explain briefly.

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No, a petition for mandamus will not lie. In mandamus, the respondent must have a legal duty to do the act required to be done. 
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 Under Rule 65, Sec. 3, a petition for mandamus is called for when the respondent public official unlawfully neglects the performance of an act which the law specifically enjoins as a duty. 

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In other words, it should be a ministerial function of the Secretary or ForeignnAffairs. 


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Applied here, it is not the ministerial duty of the SFA to convene representatives of neighboring countries to find diplomatic solutions regarding a particular issue.


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