Q. No. 2 | Political Law | Suggested Answer | Bar 2023

 Q. No. 2 | Political Law | Suggested Answer | Bar 2023

Q. No. 2 | Political Law

“Sulu Second District Representative Alfonso died during the second year of his term. House Speaker Rodil then designated Sulu First District Representative Midas as the legislative caretaker for the remaining period of the term of Alfonso. Upon the prodding of majority of the constituents of the Sulu Second District who are invoking their right to representation, the members of the party of Alfonso filed a petition before the Supreme Court for the issuance of a writ of mandamus to compel Rodil to call for a special election in their district. 

Will the petition prosper? Explain[.]”

Suggested Answer:

Republic Act No. 6645, December 28, 1987, AN ACT PRESCRIBING THE MANNER OF FILING A VACANCY IN THE CONGRESS OF THE PHILIPPINES

Section 1. In case a vacancy arises in the Senate at least eighteen (18) months or in the House of Representatives at least (1) year before the next regular election for Members of Congress, the Commission on Elections, upon receipt of a resolution of the Senate or the House of Representatives, as the case may be, certifying to the existence of such vacancy and calling for a special election, shall hold a special election to fill such vacancy.f Congress is in recess, an official communication on the existence of the vacancy and call for a special election by the President of the Senate or by the Speaker of the House of Representatives, as the case may be, shall be sufficient for such purpose. The Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term[.]

Read the full text at 

https://lawphil.net/statutes/repacts/ra1987/ra_6645_1987.html

NOTE: 

Writ of Mandamus, Nature of

READ: 

METROPOLITAN MANILA DEVELOPMENT AUTHORITY et al.

vs. CONCERNED RESIDENTS OF MANILA BAY et al. G.R. Nos. 171947-48, December 18, 2008

Discussion |

Generally, the writ of mandamus lies to require the execution of a ministerial duty.⁸ A ministerial duty is one that "requires neither the exercise of official discretion nor judgment."⁹ It connotes an act in which nothing is left to the discretion of the person executing it. It is a "simple, definite duty arising under conditions admitted or proved to exist [and imposed by law].”¹⁰ (Emphasis Supplied).

Mandamus is available to compel action, when refused, on matters involving discretion, but not to direct the exercise of judgment or discretion one way or the other.

RE: Ministerial Duty

Mandamus is employed to compel the performance, when refused of a ministerial duty, this being its chief use and not a discretionary duty. It is nonetheless likewise available to compel action, when refused, in matters involving judgment and discretion, but not to direct the exercise of judgment or discretion in a particular way or the retraction or reversal of an action already taken in the exercise of either (Rules of Court in the Philippines, Volume III by Martin, 4th Edition, page 233).

HERE, the Republic Act No. 6645, December 28, 1987, AN ACT PRESCRIBING THE MANNER OF FILING A VACANCY IN THE CONGRESS OF THE PHILIPPINES, provides that “in case a vacancy arises in the House of Representatives at least (1) year before the next regular election for Members of Congress, the Commission on Elections, [upon] receipt of a [resolution] of the House of Representatives, [certifying] to the existence of such vacancy [and] calling for a special election, [shall] hold a special election to fill such vacancy. if Congress is in recess, an official communication on the existence of the vacancy and call for a special election by the Speaker of the House of Representatives, shall be sufficient for such purpose. The Member of the House of Representatives thus elected shall serve only for the unexpired term[.]” the said provided is considered a ministerial duty of the House of Representatives or if Congress is in recess, Speaker of the House of Representatives’ official communication on the existence of the vacancy and call for a special election” is a ministerial duty imposed by law, hence, may be compelled by mandamus.

FOOTNOTES

⁸ Angchangco, Jr. v. Ombudsman, G.R. No. 122728, February 13, 1997, 268 SCRA 301, 306.

⁹ Black’s Law Dictionary (8th ed., 2004).

¹⁰ Lamb v. Phipps, 22 Phil. 456, 490 (1912).