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    Henares V LTFRB

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    rhodz 88
    The petitioners brought this case seeking a writ of mandamus to compel the Land Transportation Franchising and Regulatory Board (LTFRB) and the Department of Transportation and Communications (DOTC) to require public utility vehicles (PUVs) to use compressed natural gas (CNG) as an alternative fuel. The Supreme Court ruled that while the petitioners had standing to bring the case, a writ of mandamus was not available because there was no specific law that mandated the respondents to order owners of motor vehicles to use CNG. Therefore, while air pollution from vehicles is a serious issue, the petitioners could not identify an unambiguous legal duty on the respondents that would justify issuing the writ compelling the use of CNG for P

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    Henares V LTFRB

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    rhodz 88
    93 views2 pages
    The petitioners brought this case seeking a writ of mandamus to compel the Land Transportation Franchising and Regulatory Board (LTFRB) and the Department of Transportation and Communications (DOTC) to require public utility vehicles (PUVs) to use compressed natural gas (CNG) as an alternative fuel. The Supreme Court ruled that while the petitioners had standing to bring the case, a writ of mandamus was not available because there was no specific law that mandated the respondents to order owners of motor vehicles to use CNG. Therefore, while air pollution from vehicles is a serious issue, the petitioners could not identify an unambiguous legal duty on the respondents that would justify issuing the writ compelling the use of CNG for P

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    Henares v Ltfrb

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    The petitioners brought this case seeking a writ of mandamus to compel the Land Transportation Franchising and Regulatory Board (LTFRB) and the Department of Transportation and Communications (DOTC) to require public utility vehicles (PUVs) to use compressed natural gas (CNG) as an alternative fuel. The Supreme Court ruled that while the petitioners had standing to bring the case, a writ of mandamus was not available because there was no specific law that mandated the respondents to order owners of motor vehicles to use CNG. Therefore, while air pollution from vehicles is a serious issue, the petitioners could not identify an unambiguous legal duty on the respondents that would justify issuing the writ compelling the use of CNG for P

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    93 views2 pages

    Henares V LTFRB

    Uploaded by

    rhodz 88
    The petitioners brought this case seeking a writ of mandamus to compel the Land Transportation Franchising and Regulatory Board (LTFRB) and the Department of Transportation and Communications (DOTC) to require public utility vehicles (PUVs) to use compressed natural gas (CNG) as an alternative fuel. The Supreme Court ruled that while the petitioners had standing to bring the case, a writ of mandamus was not available because there was no specific law that mandated the respondents to order owners of motor vehicles to use CNG. Therefore, while air pollution from vehicles is a serious issue, the petitioners could not identify an unambiguous legal duty on the respondents that would justify issuing the writ compelling the use of CNG for P

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    HILARION M. HENARES, JR., VICTOR C. AGUSTIN, ALFREDO L.

    HENARES, DANIEL L. HENARES, ENRIQUE BELO HENARES, and


    CRISTINA BELO HENARES, petitioners,
    vs.
    LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
    and DEPARTMENT OF TRANSPORTATION AND
    COMMUNICATIONS, respondents.

    FACTS:

     Petitioners challenge this Court to issue a writ of mandamus


    commanding respondents Land Transportation Franchising and
    Regulatory Board (LTFRB) and the Department of Transportation and
    Communications (DOTC) to require public utility vehicles (PUVs) to use
    compressed natural gas (CNG) as alternative fuel.
     To counter the aforementioned detrimental effects of emissions from
    PUVs, petitioners propose the use of CNG. According to petitioners, CNG
    is a natural gas comprised mostly of methane which although containing
    small amounts of propane and butane,10 is colorless and odorless and
    considered the cleanest fossil fuel because it produces much less
    pollutants than coal and petroleum

    ISSUES:

    1. Whether or not petitioners herein have legal capacity to bring this


    petition to the Court.
    2. Whether or not mandamus can be validly issue against respondents so as
    to compel PUVs to use CNG as alternative fuel.

    Held:

    1. The SC ruled in the first issue presented that there is no dispute that
    petitioners have a legal right which is sought to be recognized and
    enforced to bring the case before this Court. The petitioners’ standing
    hinges to the fact that a party's standing before this Court is a procedural
    technicality which may, in the exercise of the Court's discretion, be set
    aside in view of the importance of the issue raised. We brush aside this
    issue of technicality under the principle of the transcendental importance
    to the public, especially so if these cases demand that they be settled
    promptly.
    2. On the second issue, however, the SC ruled in the negative such that the
    writ of mandamus commanding the respondents to require PUV’s to use
    CNG is unavailing. Mandamus is available only to compel the doing of an
    act specifically enjoined by law as a duty. Here, there is no law that
    mandates the respondents LTFRB and the DOTC to order owners of
    motor vehicles to use CNG. Mandamus will not generally lie from one
    branch of government to a coordinate branch, for the obvious reason
    that neither is inferior to the other.
    Therefore, the Court believes that it is only timely to reaffirm the premium that
    has placed on the protection of the environment. However serious the problem
    in pollution may be and how fatal these pollutants are to the health of the
    citizens, and urgently requiring resort to drastic measures to reduce air
    pollutants emitted by motor vehicles, we must admit in particular that
    petitioners are unable to pinpoint the law that imposes an indubitable legal duty
    on respondents that will justify a grant of the writ of mandamus compelling the
    use of CNG for public utility vehicles.

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