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Datu Andal Ampatuan, Jr. Vs. Sec. Leila De Lima, as Secretary of the Department of Justice, et al.

DATU ANDAL AMPATUAN JR., Petitioner vs. SEC. LEILA DE LIMA, as Secretary of the Department of Justice, CSP CLARO ARELLANO, as Chief State Prosecutor, National Prosecution Service, and PANEL OF PROSECUTORS OF THE MAGUINDANAO MASSACRE, headed by RSP PETER MEDALLE, Respondents.

G.R. No. 197291 | 2013-04-03


FIRST DIVISION 
DECISION 
 
BERSAMIN, J.: 
 
In matters involving the exercise of judgment and discretion, mandamus cannot be used to direct the manner or the particular way the judgment and discretion are to be exercised. Consequently, the Secretary of Justice may be compelled by writ of mandamus to act on a letter-request or a motion to include a person in the information, but may not be compelled by writ of mandamus to act in a certain way, i.e., to grant or deny such letter request or motion. 
 
The Case 
 
This direct appeal by petition for review on certiorari has been...