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    UDK No. 16838 Case Digest - Reyes 1B

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    Riley
    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.

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    UDK No. 16838 Case Digest - Reyes 1B

    Uploaded by

    Riley
    50 views1 page
    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.

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    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    50 views1 page

    UDK No. 16838 Case Digest - Reyes 1B

    Uploaded by

    Riley
    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.

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    © All Rights Reserved
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    of 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

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