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FERDINAND R. VILLANUEVA, PRESIDING JUDGE, MCTC, COMPOSTELA-NEW BATAAN, COMPOSTELA VALLEY PROVINCE, PETITIONER, VS. JUDICIAL AND BAR COUNCIL, RESPONDENT.[CONCURRING OPINION LEONEN, J.]

FERDINAND R. VILLANUEVA, PRESIDING JUDGE, MCTC, COMPOSTELA-NEW BATAAN, COMPOSTELA VALLEY PROVINCE, PETITIONER, VS. JUDICIAL AND BAR COUNCIL, RESPONDENT. [CONCURRING OPINION LEONEN, J.]

G.R. No. 211833 | 2015-04-07

CONCURRING OPINION
 
LEONEN, J.:
 
I concur in the dismissal of the Petition.
 
The Petition should be dismissed as it is procedurally infirm and fails to establish petitioner's right to be nominated to a judicial post.

I
 
A writ of mandamus, certiorari, or prohibition cannot be issued against the Judicial and Bar Council or can it be the subject of a petition for declaratory relief absent a clear and convincing case of grave abuse of discretion.
 
Under Rule 65, Section 3 of the Rules of Civil Procedure, a petition for mandamus may be availed to compel the performance of a duty, or to compel the inclusion of a person in...