Scribd
Upload
103 views1 page

UDK No. 16838 Case Digest - Reyes 1B

The petitioner filed a writ of mandamus against President Duterte and other officials regarding the government's plan to procure Sinovac vaccines for COVID-19. The court ruled that the petitioner failed to demonstrate a clear ministerial duty that the respondents refused to perform regarding vaccine trials or procurement. Determining a vaccine's efficacy requires examining its clinical trial results and comparing it to others, which the petition did not do. As such, the requirements for a writ of mandamus were not met and the petition was dismissed.

Uploaded by

Riley
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
103 views1 page

UDK No. 16838 Case Digest - Reyes 1B

The petitioner filed a writ of mandamus against President Duterte and other officials regarding the government's plan to procure Sinovac vaccines for COVID-19. The court ruled that the petitioner failed to demonstrate a clear ministerial duty that the respondents refused to perform regarding vaccine trials or procurement. Determining a vaccine's efficacy requires examining its clinical trial results and comparing it to others, which the petition did not do. As such, the requirements for a writ of mandamus were not met and the petition was dismissed.

Uploaded by

Riley
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

UDK No.

16838

PEDRITO M. NEPOMUCENO, FORMER MAYOR- BOAC, MARINDUQUE, Petitioner,

VS.

PRESIDENT RODRIGO R. DUTERTE, Respondent

Facts:
 A petition for writ of mandamus filed by Pedrito Nepomuceno
 Against respondents President Rodrigo Duterte, Health Secretary Francisco Duque, and Gen.
Carlito Galvez, Jr. (Ret.), as Chief Implementer of the National Task Force against COVID-19
(respondents),
 The core of the petition is the concern raised by petitioner over the plan announced by the
national government to procure vaccines produced by Sinovac
 In order to contain the spread of infection brought about by the Severe Acute Respiratory
Syndrome Coronavirus 2 (SARS-Co V-2)

Issue:
 Whether or not the respondents justified the issuance of a writ of mandamus

Ruling:
 Petitioner failed to point out the existence of a ministerial duty, which the law compels the
respondents to perform with regard to the conduct of trial and procurement of vaccines for
COVID-19
 To go into the details of a vaccine's efficacy would require the presentation of its clinical trial
results and a comparative analysis of the various results of the other vaccines in order to
determine the acceptable standard of what an effective COVID-19 vaccine should be.
 Going into the contents of the petition, the same must be outrightly dismissed.
 Section 3, Rule 65 of the Revised Rules of Court is the governing provision that provides the
requirements for a party to avail the relief of a writ of mandamus.
 The instant petition was dismissed

You might also like