Comments on: Duty of mayors to enforce laws and ordinances (case digest) http://jlp-law.com/blog/duty-of-mayors-to-enforce-laws-and-ordinances-case-digest/ Philippine laws and legal system (JLP-Law blog) Fri, 10 Feb 2012 06:59:54 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Atty. Fred http://jlp-law.com/blog/duty-of-mayors-to-enforce-laws-and-ordinances-case-digest/comment-page-1/#comment-9163 Atty. Fred Mon, 13 Aug 2007 07:42:24 +0000 http://jlp-law.com/blog/duty-of-mayors-to-enforce-laws-and-ordinances/#comment-9163 Amicus, very well said, thanks for dropping by. In fairness to the city government, maybe they have reasons which they believe are legitimate. Still, you're absolutely correct that the need to compel public officials to perform their functions is a costly proposition. Besides, it doesn't reflect well on our society if the people has to file a court case to compel public officials to perform their duties. Amicus, very well said, thanks for dropping by. In fairness to the city government, maybe they have reasons which they believe are legitimate. Still, you’re absolutely correct that the need to compel public officials to perform their functions is a costly proposition. Besides, it doesn’t reflect well on our society if the people has to file a court case to compel public officials to perform their duties.

]]> By: amicus curiae http://jlp-law.com/blog/duty-of-mayors-to-enforce-laws-and-ordinances-case-digest/comment-page-1/#comment-8956 amicus curiae Thu, 09 Aug 2007 20:49:57 +0000 http://jlp-law.com/blog/duty-of-mayors-to-enforce-laws-and-ordinances/#comment-8956 Admittedly, the Philipiines has a great deal of good laws in its repository, albeit, dormant. It's actually the law versus the power of money, influence and politics; a tug-of-war, to which, no clear-cut solution is forseeable. While a special civil action of mandamus is available, to enforce implementation of legislative acts that are purely ministerial in nature, the lack of initiative on the part of those mandated and/or accountable for their enforcement, often creates more detriment, creates and compounds problems more aggravating than what could be the result of the absence of such a law to be enforced. Should the people always resort to an action for mandamus to compel officials to implement a law and carry out the purpose for which it was enacted? This can be a costly proposition, both for the people and the government. I see no reason for an executive official's refusal therefor, other than the factors heretofore-mentioned, for certainly, in a case of a ministerial duty, the latter is devoid of any legally-founded power of discretion. Admittedly, the Philipiines has a great deal of good laws in its repository, albeit, dormant. It’s actually the law versus the power of money, influence and politics; a tug-of-war, to which, no clear-cut solution is forseeable.

While a special civil action of mandamus is available, to enforce implementation of legislative acts that are purely ministerial in nature, the lack of initiative on the part of those mandated and/or accountable for their enforcement, often creates more detriment, creates and compounds problems more aggravating than what could be the result of the absence of such a law to be enforced.

Should the people always resort to an action for mandamus to compel officials to implement a law and carry out the purpose for which it was enacted? This can be a costly proposition, both for the people and the government.

I see no reason for an executive official’s refusal therefor, other than the factors heretofore-mentioned, for certainly, in a case of a ministerial duty, the latter is devoid of any legally-founded power of discretion.

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