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9. Mandamus

(10%)

L was charged with illegal possession of shabu before the RTC. Although bail was allowable under his indictment, he could not afford to post bail, and so he remained in detention at the City Jail. For various reasons ranging from the promotion of the Presiding Judge, to the absence of the trial prosecutor, and to the lack of notice to the City Jail Warden, the arraignment of L was postponed nineteen times over a period of two years. Twice during that period, L’s counsel filed motions to dismiss, invoking the right of the accused to a speedy trial. Both motions were denied by the RTC. Can L file a petition for mandamus? Reason briefly.

1 comment:

Anonymous said...

L cannot file a petition for mandamus. The court’s denial of the motion to dismiss filed by L may be wrong. Mandamus, however, is not the remedy to correct it because to grant a motion or not involves the exercise of discretion and not merely a ministerial function. Mandamus is not available to control discretion.