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Abines vs. Duque III

PRINCESS SHERISSE A. ABINES, PAUL ANDREI A. ABINES, SHANE NICOLE A. ABINES, AND RALPH CHRISTIAN A. ABINES (REPRESENTED BY THEIR MOTHER ZEN* J. ABAIGAR); JAM MICHAEL S. ALANO (REPRESENTED BY HIS MOTHER MARILOU S. ALANO); BERNARD C. ALVIAR (REPRESENTED BY HIS MOTHER SHERLY C. ALVIAR); RUBY A. ANDRADE (REPRESENTED BY HER MOTHER ROSABELITA A. ANDRADE); CHERRY LYN N. AZARIAS (REPRESENTED BY HER MOTHER EMELISA N. AZARIAS); CRISTAN M. BALLETA (REPRESENTED BY HIS MOTHER ANGELITA MONTE); IAN LHENOCKS B. BALUNSAY (REPRESENTED BY HIS GRANDMOTHER PERPETUA B. BAJARO); LUIS EMMANUEL A. BERNARDO (REPRESENTED BY HIS MOTHER MICHELLE A. BERNARDO), KAYLA DENICE L. BONGANAY AND ASHLEY SALAR (REPRESENTED BY THEIR MOTHER ANGELITA SALAR); REISAL JAMES BONGANAY, RAFAEL JOSH BONGANAY, AND RUSSEL JACOB BONGANAY (REPRESENTED BY THEIR MOTHER REALYN BONGANAY); HEARTLYN B. BOMBITA AND LEANN B. BOMBITA (REPRESENTED BY THEIR MOTHER ANGELITA B. BOMBITA); DANIEL S. BOZAR (REPRESENTED BY HIS MOTHER MARINA S. BOZAR); BABY LYKA BUENO (REPRESENTED BY HER MOTHER NANCITA G. BUENO); DENMARK BUEZA, JOMALLYN BUEZA, JODELLYN BUEZA, APRILDELYN BUEZA, AND DEZZIERY BUEZA***** (REPRESENTED BY THEIR MOTHER JOCELYN BUEZA); GERALD R. CAMPOS (REPRESENTED BY HIS MOTHER ZENAIDA R. CAMPOS), ALYSSA L. CORTEZ AND WILSON L. CORTEZ (REPRESENTED BY THEIR MOTHER MA. VICTORIA CORTEZ); JESSA MAE V. CORTEZ (REPRESENTED BY HER MOTHER MELBA A. VELO); GIECEL M. ESPIRITU AND MAC RALDGIE M. ESPIRITU (REPRESENTED BY THEIR MOTHER MARICEL M. MORALES), KIM E. ESTARDO (REPRESENTED BY HER MOTHER LOLITA E. ESTARDO); CHRISTIAN JAY E. FERNANDEZ (REPRESENTED BY HIS MOTHER CHINKY E. FERNANDEZ); EDGIE G. FRIAS, EDGIELYN G. FRIAS, AND EMILY G. FRIAS (REPRESENTED BY THEIR MOTHER AGUEDA FRIAS); CRYSTAL MAY E. GABAS AND ANGEL MAY E. GABAS (REPRESENTED BY THEIR MOTHER EVANGELINE E. GABAS); RENZ S. GALLERO AND RAYEN S. GALLERO (REPRESENTED BY THEIR MOTHER NORLYN S. GALLERO); JANIAH DENISE O. GABRIEL (REPRESENTED BY HER MOTHER JANET GABRIEL); MAE BEATRIZ S. GIME, RJ S. GIME, AND JENNY ROSE S. GIME (REPRESENTED BY THEIR GRANDMOTHER OLIVA A. BAYONA,****** ROCHELLE MAY V. GRANDE (REPRESENTED BY HER MOTHER MELDEA L. VILLA); KJ PAUL GUEVARRA AND MA. KAYE GUEVARRA (REPRESENTED BY RICK GUEVARRA); ALEYA SAM GOMEZ MAGDARAOG (REPRESENTED BYHERMOTHER KRISTEL MAY GOMEZMAGDARAOG), MARIALOURDES A.MONCADA (REPRESENTED BY HER MOTHER MARY JANE A. MONCADA); LORENCE V. NAGWE (REPRESENTED BY HIS MOTHER LORNA NAGWE); JESSAREN M. PADUA, JHASSIE MAE M. PADUA, AND JHESSICA MHAE M. PADUA (REPRESENTED BY THEIR MOTHER MARITES T. MAYUGA); SUNNY ROSE PAPIONA (REPRESENTED BY HER MOTHER SALVACION PAPIONA); JANINA S. PESTAÑO (REPRESENTED BY HER MOTHER MARICEL S. SANTOS); RHIAN A. PRECILLA (REPRESENTED BY JUDITH ABINES); JESON M. REX, ELLAIN M. REX, AND JOVIELYN M. REX (REPRESENTED BY THEIR MOTHER ROSEMARIE M. REX); PRECIOUS SHAKIRA E. REYES AND PRECIOUS LADY BELLE E. REYES (REPRESENTED BY THEIR GRANDMOTHER LOLITA ESTARDO); AIRA B. RICAFRANCA (REPRESENTED BY HER MOTHER CHRISTINA BALLETA); SHANILLE A. ROGA******* (REPRESENTED BY HER MOTHER IRISH G. AUSEJO); RANJEL TERCIAS (REPRESENTED BY HIS MOTHER ANGELINA T. MEDOLLAR); RONELLYN B. TROGUE (REPRESENTED BY HER MOTHER NELLY O. TROGUE); JAY V. VALLENTE AND JEAN V. VALLENTE (REPRESENTED BY THEIR MOTHER ELSTER V. VALLENTE); ROLLY JOHN N. YBERA AND MARK ANTHONY N. YBERA (REPRESENTED BY THEIR MOTHER MARITES N. YBERA); HON. EMERENCIANA A. DE JESUS; HON. ARLENE D. BROSAS; JOAN MAY E. SALVADOR (IN HER CAPACITY AS SECRETARY-GENERAL OF GABRIELA NATIONAL ALLIANCE OF WOMEN); AND MADELLA T. SANTIAGO (IN HER CAPACITY AS THE EXECUTIVE DIRECTOR OF THE ASSOCIATION FOR THE RIGHTS OF CHILDREN IN SOUTH EAST ASIA – ARCSEA), PETITIONERS, VS. DR. FRANCISCO T. DUQUE III (IN HIS CAPACITY AS THE SECRETARY OF THE DEPARTMENT OF HEALTH), DR. LYNDON L. LEE SUY (IN HIS CAPACITY AS THE PROGRAM DIRECTOR OF THE DOH-NATIONAL CENTER FOR DISEASE PREVENTION AND CONTROL), NELA CHARADE G. PUNO, RPH (IN HER CAPACITY AS THE DIRECTOR GENERAL OF THE FOOD AND DRUG ADMINISTRATION), HON. LEONOR MAGTOLIS BRIONES (IN HER CAPACITY AS THE SECRETARY OF THE DEPARTMENT OF EDUCATION), HON. CATALINO S. CUY (IN HIS CAPACITY AS THE OFFICER-IN-CHARGE OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT), RESPONDENTS.

G.R. No. 235891 | 2022-09-20

D E C I S I O N
 
LEONEN,***J.:
 
A petition for continuing mandamus may be filed when a government agency, instrumentality, or officer unlawfully neglects the performance of an act in connection with the enforcement or violation of the environmental law, regulation, or right, or excludes another person from the use or enjoyment of that right.[1] It "should mainly involve an environmental and other related law, rule, regulation, or a right therein."[2]

Clearly, the Petition for a Writ of Continuing Mandamus before this Court does not involve any ecological right nor does it allege any right involving protection of the...