Philippine Bar review · Question

Practice question: Writ of Continuing Mandamus

Multiple Choice Medium

Practice question

The law leaves a choice among lawful technical solutions to an agency. A petitioner seeks an order compelling its preferred design solely because it considers it superior. Which is best?
  1. Every preference becomes a ministerial duty
  2. The court must select the petitioner’s design automatically
  3. No environmental duty can ever be enforced
  4. Any agency decision is immune from every form of review
  5. Continuing mandamus does not merely substitute the petitioner’s preferred discretionary choice for the agency’s lawful judgment

Legal references

  • AM09-6-8-SC Rule8 Section1: https://lawphil.net/courts/supreme/am/am_09-6-8-sc_2010.html

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