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    Dejuras V Villa

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    Perry Rubio
    Florencio and Froilan Dejuras filed a petition with the Department of Agrarian Reform (DAR) seeking coverage of the land they occupy under the agrarian reform program to prevent their ejectment by SM Prime Holdings for a construction project. The DAR regional director denied the petition. Florencio and Froilan appealed and filed an urgent motion for a cease and desist order, which the DAR secretary failed to promptly resolve. After Florencio died, Froilan filed a petition for mandamus with the Court of Appeals seeking an order to issue the cease and desist order. The Court of Appeals denied the petition, finding mandamus is not the proper remedy. The Supreme Court affirmed

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    Dejuras V Villa

    Uploaded by

    Perry Rubio
    250 views1 page
    Florencio and Froilan Dejuras filed a petition with the Department of Agrarian Reform (DAR) seeking coverage of the land they occupy under the agrarian reform program to prevent their ejectment by SM Prime Holdings for a construction project. The DAR regional director denied the petition. Florencio and Froilan appealed and filed an urgent motion for a cease and desist order, which the DAR secretary failed to promptly resolve. After Florencio died, Froilan filed a petition for mandamus with the Court of Appeals seeking an order to issue the cease and desist order. The Court of Appeals denied the petition, finding mandamus is not the proper remedy. The Supreme Court affirmed

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    Dejuras v Villa

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    Florencio and Froilan Dejuras filed a petition with the Department of Agrarian Reform (DAR) seeking coverage of the land they occupy under the agrarian reform program to prevent their ejectment by SM Prime Holdings for a construction project. The DAR regional director denied the petition. Florencio and Froilan appealed and filed an urgent motion for a cease and desist order, which the DAR secretary failed to promptly resolve. After Florencio died, Froilan filed a petition for mandamus with the Court of Appeals seeking an order to issue the cease and desist order. The Court of Appeals denied the petition, finding mandamus is not the proper remedy. The Supreme Court affirmed

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    250 views1 page

    Dejuras V Villa

    Uploaded by

    Perry Rubio
    Florencio and Froilan Dejuras filed a petition with the Department of Agrarian Reform (DAR) seeking coverage of the land they occupy under the agrarian reform program to prevent their ejectment by SM Prime Holdings for a construction project. The DAR regional director denied the petition. Florencio and Froilan appealed and filed an urgent motion for a cease and desist order, which the DAR secretary failed to promptly resolve. After Florencio died, Froilan filed a petition for mandamus with the Court of Appeals seeking an order to issue the cease and desist order. The Court of Appeals denied the petition, finding mandamus is not the proper remedy. The Supreme Court affirmed

    Copyright:

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    Dejuras v. Villa G.R. No. 173428. November 22, 2010. Second Division; Peralta, J.

    Facts: Faced with the prospect of ejectment due to SM Prime Holdings Inc.s (SMPHI) impending construction operations on the parcel of land that they occupy, where SM Sta. Rosa is set to be built Florencio and Froilan Dejuras, who are successors-in-interest of a self-proclaimed legitimate tenant of that land, filed with the Department of Agrarian Reform (DAR) Regional Office a Petition for Coverage with Urgent Prayer for Issuance of Cease-and-Desist Order against SMPHI. They prayed that a cease-and-desist order be issued to enjoin SMPHI from entering the property; that the land be declared as covered by the agrarian reform program; and that their family be declared qualified beneficiaries thereof. Unfortunately, the DAR Regional Director denied the petition for lack of merit. From the denial of the petition, Florencio and Froilan immediately lodged an appeal with the DAR Secretary. Before the same office, they also filed an Urgent Ex Parte Motion for Issuance of Cease-and-Desist Order or Writ of Preliminary Injunction in connection, among others, with the Petition for Coverage under appeal. Florencio and Froilan had sought the early resolution of this motion, yet despite their efforts in filing six successive motions to that end, it appears that the DAR Secretary had not promptly come up with a resolution on the application for injunctive relief. Florencio meantime died and was survived by Froilan, who then instituted a Petition for Mandamus before the Court of Appeals (CA), praying, among others, that a temporary restraining order be issued ex parte to prevent SMPHI from proceeding with its construction operations, and that the DAR Secretary be ordered to grant the urgent ex parte motion for injunctive relief. Unfortunately, the CA denied due course to the petition on the ground that mandamus is not the proper remedy to correct the errors which the DAR Secretary may have committed, as the said remedy avails only in relation to official duties which are ministerial in character. Issue: Should the writ of mandamus be granted? Held: No. Established is the procedural law precept that a writ of mandamus generally lies to compel the performance of a ministerial duty, but not the performance of an official act or duty which necessarily involves the exercise of judgment. Thus, when the act sought to be performed involves the exercise of discretion, the respondent may only be directed by mandamus to act but not to act in one way or the other. It is, nonetheless, also available to compel action, when refused, in matters involving judgment and discretion, but not to direct the exercise of judgment in a particular manner. However, this rule admits of exceptions. Mandamus is the proper remedy in cases where there is gross abuse of discretion, manifest injustice, or palpable excess of authority. Clearly, the grant of an injunctive relief is not properly compellable by mandamus inasmuch as it requires discretion and judgment on the part of the DAR to find whether petitioner has a clear legal right that needs to be protected and that the acts of SMPHI are violative of such right. Be that as it may, We take note that, the measure of compulsion petitioner had sought before the Court of Appeals against the DAR is already unwarranted, because first, the DAR has already denied for lack of merit the Urgent Ex Parte Motion for Issuance of Cease-and-Desist Order or Writ of Preliminary Injunction. And second, in a Joint Order issued by the DAR, the Petition for Coverage and the Petition for Revocation have been both denied, thereby affirming the Exemption Order issued by a former DAR Secretary.

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