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Facts:
Issues:
Held:
While it is true that the Court may inquire into the factual
bases for the Presidents exercise of the above power, it
would generally defer to her judgment on the matter. As the
Court acknowledged in Integrated Bar of the Philippines v.
Hon. Zamora, it is clearly to the President that the
Constitution entrusts the determination of the need for
calling out the armed forces to prevent and suppress lawless
violence. Unless it is shown that such determination was
attended by grave abuse of discretion, the Court will accord
respect to the Presidents judgment. Thus, the Court said:
FACTS:
April 3, 2013
FALLO:
ISSUES:
et al.
HELD:
No. The prosecution of crimes pertains to the Executive
Department of the Government whose principal power and
responsibility are to see to it that our laws are faithfully
executed. A necessary component of the power to execute
our laws is the right to prosecute their violators. The right to
prosecute vests the public prosecutors with a wide range of
discretion the discretion of what and whom to charge, the
exercise of which depends on a smorgasbord of factors that
are best appreciated by the public prosecutors.
In matters involving the exercise of judgment and discretion,
mandamus may only be resorted to in order to compel
respondent tribunal, corporation, board, officer or person to
Petition is denied
JAMAR KULAYAN,