The Supreme Court (SC) has dismissed the petition seeking to compel the government to conduct mass testing for COVID-19.
Based on the resolution dated September 1, the Supreme Court ruled that that it cannot issue a writ of mandamus if there is no justification that the executive branch is incapable of practicing its mandate, regardless of the gravity of the emergency.
“The job of the Court is to say what the law is and not to dictate how another branch of government should do its job,” the resolution read.
“Mandamus, it said, is an appropriate remedy only where the law prescribes and defines the duty to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment,” it added.
The SC also pointed out the failure of the petitioners to “exhaust administrative remedies” since they can go to the government offices of the respondents.
The filing of the plea was spearheaded by former DSWD Secretary Judy Taguiwalo due to alleged failure of the government to fulfill its duty which they consider as a violation of the people’s right to health and information.
– Report from Kenneth Paciente
