Back

Zomer Development Company, Inc. vs. Special Twentieth Division of the Court of Appeals etc.

ZOMER DEVELOPMENT COMPANY, INC., PETITIONER, VS. SPECIAL TWENTIETH DIVISION OF THE COURT OF APPEALS, CEBU CITY AND UNION BANK OF THE PHILIPPINES, RESPONDENTS.

G.R. No. 194461 | 2020-01-07

EN BANC
 
D E C I S I O N
 
LEONEN, J.:
 
Courts have the discretion to entertain an action for declaratory relief.[1]  They cannot be compelled, by a writ of mandamus, to resolve the case when they exercise this discretion.  
 
This is a Petition for Mandamus[2] which seeks to compel the Court of Appeals to rule on the constitutionality of Section 47[3] of Republic Act No. 8791, or the General Banking Law of 2002, in CA-G.R. CV No. 00288. In its Decision,[4] the Court of Appeals refused to rule on the constitutionality of the statute, deferring the resolution of this issue to this Court.  
 
...