CASE 2016-0071: ALBERT WILSON, V. THE HONORABLE EXECUTIVE SECRETARY EDUARDO ERMITA, SECRETARY OF FOREIGN AFFAIRS ALBERTO ROMULO, SECRETARY OF JUSTICE RAUL GONZALES, BUREAU OF JAIL MANAGEMENT AND PENOLOGY, BOARD OF CLAIMS, DEPARTMENT OF JUSTICE, SOLICITOR GENERAL AGNES DEVANADERA, AND BUREAU OF IMMIGRATION, (G.R. NO. 189220, 07 DECEMBER 2016,  REYES, J.) (SUBJECT/S: MANDAMUS; COMPENSATION FOR ACCUSED UNJUSTLY CONVICTED; ENFORCEMENT OF  VIEW/COMMUNICATION OF UNITED NATIONS HUMAN RIGHTS COMMITTEE) (BRIEF TITLE: WILSON VS ERMITA ET AL.)

 

DISPOSITIVE:

 

“WHEREFORE, the petition is denied for lack of merit.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

WILSON, A BRITISH, WAS TRIED FOR RAPE, CONVICTED AND LATER ACQUITTED. THE UNITED NATIONS HUMAN RIGHTS COMMITTEE (UNHRC) EXPRESSED THE VIEW THAT INVESTIGATION BE CONDUCTED, DUE COMPENSATION BE GIVEN AND THOSE RESPONSIBLE BE BROUGHT TO JUSTICE. WILSON FILED A CASE FOR MANDAMUS TO COMPEL THE PHILIPPINE GOVERNMENT TO ENFORCE THE VIEW OF THE UNHRC. CAN THE GOVERNMENT BE COMPELLED BY MANDAMUS?

 

NO BECAUSE THERE IS NO LAW COMPELLING THE GOVERNMENT TO DO SO.

 

WHAT IS MANDAMUS?

 

IT IS A WRIT ISSUED TO COMPEL A TRIBUNAL TO PERFORM AN ACT WHICH THE LAW ENJOINS AS A DUTY RESULTING FROM AN OFFICE, TRUST OR STATION.

 

WHEN IS MANDAMUS APPLICABLE?

 

WHEN A PURELY MINISTERIAL DUTY EXISTS AND A CLEAR LEGAL RIGHT IS ESTABLISHED BY THE PETITIONER FOR MANDAMUS.

 

IN OTHER WORDS PETITIONER MUST ESTABLISH A CLEAR LEGAL RIGHT TO THE RELIEF SOUGHT, AND A MANDATORY DUTY ON THE PART OF THE RESPONDENT IN RELATION THERETO.

 

 WHEN IS A DUTY A MINISTERIAL DUTY?

 

THE DUTY MUST BE CLEAR AND SPECIFIC AS TO LEAVE NO ROOM FOR THE EXERCISE OF DISCRETION IN ITS PERFORMANCE.

 

WHAT IS A PURELY MINISTERIAL ACT OR DUTY?

 

ONE WHICH AN OFFICER OR TRIBUNAL PERFORMS IN A GIVEN STATE OF FACTS, IN A PRESCRIBED MANNER, IN OBEDIENCE TO THE MANDATE OF A LEGAL AUTHORITY, WITHOUT REGARD TO OR THE EXERCISE OF HIS OWN JUDGMENT UPON THE PROPRIETY OR IMPROPRIETY OF THE ACT DONE.

 

COMPARE DISCRETIONARY DUTY AND MINISTERIAL DUTY?

 

IF THE LAW IMPOSES A DUTY UPON A PUBLIC OFFICER AND GIVES HIM THE RIGHT TO DECIDE HOW OR WHEN THE DUTY SHALL BE PERFORMED, SUCH DUTY IS DISCRETIONARY AND NOT MINISTERIAL. THE DUTY IS MINISTERIAL ONLY WHEN THE DISCHARGE OF THE SAME REQUIRES NEITHER THE EXERCISE OF OFFICIAL DISCRETION OR JUDGMENT.

 

THE PHILIPPINES RATIFIED THE OPTIONAL PROTOCOL OF THE UN HUMAN RIGHTS COMMITTEE? IS THIS NOT A LAW ENFORCEABLE IN THE PHILIPPINES?

 

NO.

 

IT DID NOT BECOME PART OF THE DOMESTIC LAW?

 

HOW CAN AN INTERNATIONAL LAW BECOME PART OF DOMESTIC LAW?

 

IN TWO WAYS: BY TRANSFORMATION METHOD SUCH AS BY LEGISLATION OR BY INCORPORATION METHOD SUCH AS BY CONSTITUTIONAL DECLARATION.

 

UNDER THE 1987 CONSTITUTION, INTERNATIONAL LAW CAN BECOME PART OF THE SPHERE OF DOMESTIC LAW EITHER BY TRANSFORMATION OR INCORPORATION. THE TRANSFORMATION METHOD REQUIRES THAT AN INTERNATIONAL LAW BE TRANSFORMED INTO A DOMESTIC LAW THROUGH A CONSTITUTIONAL MECHANISM SUCH AS LOCAL LEGISLATION. THE INCORPORATION METHOD APPLIES WHEN, BY MERE CONSTITUTIONAL DECLARATION, INTERNATIONAL LAW IS DEEMED TO HAVE THE FORCE OF DOMESTIC LAW.
 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

scd-2016-0092-wilson-vs-ermita-et-al

 

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