transferred the right to the possession thereof along with all other rights of

Transferred the right to the possession thereof along

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transferred, the right to the possession thereof , along with all other rights of ownership, t r ansfers to its new owner (Spouses Gallent v. Velasquez , G.R. No. 2039 4 9, April 6, 2016), er go, it is a ministerial duty of the court to iss ue a wr it o f possession in f a vo r of the transf er ee of the au c tion buyer. X Hannibal, Donna, Florence and Joel, concerned residents of Laguna de Bay, filed a complaint of mandamus against the Laguna Lake Development Authority, the Department of Environment and Natural Resources, the Department of Public Works and Highways, Department of Interior and Local Government, Department of Agriculture, Department of Budget, and Philippine National Police before the RTC of Laguna alleging that the continued neglect of defendants in performing their duties has resulted in serious deterioration of the water quality of the lake and the degradation of the marine life in the lake. The plaintiffs prayed that said government agencies be ordered to clean up Laguna de Bay and restore its water quality to Class C waters as prescribed by Presidential Decree 1152, otherwise known as the Philippine Environment Code. Defendants raise the defense that the cleanup of the lake is not a ministerial function and they cannot be compelled by mandamus to perform the same. The RTC of Laguna rendered a decision declaring that it is the duty of the agencies to clean up Laguna de Bay and issued a permanent writ of mandamus ordering said agencies to perform their duties prescribed by law relating to the cleanup of Laguna de Bay. (A) Is the RTC correct in issuing the writ of mandamus? Explain. (2.5%) (B) What is the writ of continuing mandamus? (2.5%) SUGGESTED ANSWER ( A) Yes, the RTC is correct in issuing the writ of mandamus. Generally, the writ of mandamus lies to require the execution; of a ministerial duty. While the implementation of the Government agencies mandated tasks may entail a decision-making process, the enforcement of the law or the
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very act of doing what the law exacts to be done is ministerial in nature and may be compelled by mandamus. Here, the duty to clean up Laguna lake and restore its water quality to Class C is required not only by Presidential Decree No. 1152, otherwise known as the Philippine Environment Code, but also in its charter. It is, thus, ministerial in nature and can be compelled by mandamus. Accordingly, the RTC may issue a writ of continuing mandamus directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until the judgment is fully satisfied (Metropolitan Manila Developmen t A u t h o ri ty v. Con cerned Residents o f Manila Ba y, G.R. Nos. 171947-48, December 18, 2008). (B) A writ of continuing mandamus is a writ issued when any agency or instrumentality of the government or officer thereof unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station in connection with the
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