Case Digest (G.R. No. 7806)
Facts:
Relator Carroll H. Lamb filed a petition for a writ of mandamus on March 18, 1912 against W. H. Phipps, as Auditor for the Philippine Islands, alleging that after resigning as superintendent of the Iwahig Penal Colony he had rendered and balanced his accounts and yet the Auditor refused to issue an auditor's certificate (clearance), thereby preventing him from collecting accrued pay and from leaving the Islands under Act No. 1605. The Court directed respondent to show cause; respondent demurred for lack of jurisdiction and insufficiency of facts; the Court, by order of March 30, 1912, overruled the jurisdiction point but sustained the demurrer as to sufficiency and gave leave to amend, relator did not amend, and the petition was dismissed with costs in the final judgment dated July 12, 1912.Issues:
- Does this Court have jurisdiction to issue a writ of mandamus to the Auditor for the Philippine Islands?
- Did the petition state facts sufficient to require the Auditor to issue an auditor's certificate (clearance)?
- Is the remedy of appeal under Act No. 1792 a plain, speedy, and adequate remedy that precludes mandamus?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)
Case Digest (G.R. No. 7806)
Facts:
Carroll H. Lamb, a former superintendent of the Iwahig Penal Colony, filed a petition for a writ of mandamus in this Court on March 18, 1912, seeking an order compelling W. H. Phipps, as Auditor for the Philippine Islands, to issue an Auditor's certificate (clearance) covering the period to December 31, 1911, and to allow him to collect accrued leave, salary, and transportation; the petition alleged that relator had rendered full and balanced accounts, that he had resigned effective December 31, 1911 with resignation accepted January 2, 1912, and that he had previously received an auditor's certificate dated March 11, 1911; relator further alleged that respondent had refused to grant the clearance because of the danger of a probable civil suit by one Fernandez and that respondent's deputies had seized and opened a locked box of relator's papers; relator claimed that without the clearance he could not leave the Islands under Act No. 1605 and prayed also for damages of P1,000 and costs. The Auditor appeared and filed a demurrer asserting two grounds: that the Court had no jurisdiction to issue mandamus to the Auditor for the Philippine Islands, and that the petition did not state facts sufficient to constitute a cause of action. On March 30, 1912 the Court entered an order sustaining the demurrer in part, reserving a fuller opinion, and gave relator leave to amend; no amendment was filed, and after fuller consideration the Court sustained the second ground of the demurrer, overruled the first, and dismissed the petition with costs; Justices Carson and Trent dissented, Justice Trent filing an extended dissent.Issues:
Is this Court empowered to issue a writ of mandamus to the Auditor for the Philippine Islands to compel issuance of an auditor's certificate (clearance)? Did the petition state facts sufficient to require issuance of the writ, or does the Auditor exercise judicial and discretionary functions in auditing accounts such that mandamus cannot be used to control his decision where an adequate administrative remedy exists?Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)
Case Digest (G.R. No. 7806)
Facts:
- Parties and capacities
- Carroll H. Lamb, relator and petitioner, resident of Tacloban, Leyte, former superintendent of the Iwahig Penal Colony.
- W. H. Phipps, respondent, the duly appointed and acting Auditor for the Philippine Islands, resident of Manila.
- Employment, resignation, and prior clearance
- Relator served the Government in various capacities for twelve years and was superintendent of Iwahig Penal Colony for four years.
- Relator voluntarily resigned effective December 31, 1911; resignation accepted January 2, 1912 (Exhibits A and B).
- Relator alleged he rendered full accounts and on March 11, 1911, received an auditor's certificate (clearance) covering accounts to that date (Exhibit C).
- Alleged withholding of clearance and consequences
- Relator alleged he rendered accounts for the period March 11, 1911, through December 31, 1911, and that respondent did not contest that he properly accounted for all government funds and property for that period.
- Respondent refused to issue a clearance for the post-March 11, 1911 period on the ground of danger from a *probable civil suit* by one Fernandez, although respondent's records showed Fernandez had signed vouchers acknowledging full payment.
- Without the clearance relator alleged he could not collect accrued leave, salary, and transportation, and could not leave the Islands under Act No. 1605; relator claimed deprivation of liberty and property.
- Relator alleged respondent, through deputies, seized and opened a locked box belonging to relator and refused to return documents.
- Prior administrative actions and criminal charges
- Three charges of malversation were instituted against relator; the Governor-General ordered dismissal or discontinuance of those prosecutions.
- Relator alleged his attorney sought copies of the charges and thereafter applied for the clearance; respondent refused.
- Relief sought and supporting exhibits
- Relator filed an original petition for writ of mandamus in the Supreme Court on March 18, 1912, praying that respondent issue a perfect clearance and for damages of P1,000 and costs.
- Attached exhibits included acceptance of resignation (Exhibits A and B) and the March 11, 1911 affidavit and auditor's certificate (Exhibit C).
- Procedura...(Subscriber-Only)
Issues:
- Jurisdictional and procedural questions presented
- Whether the Supreme Court had jurisdiction to issue a writ of mandamus to the Auditor for the Philippine Islands.
- Whether the petition stated facts sufficient to constitute a cause of action for mandamus.
- Substantive legal questions presented
- Whether the mere rendition of accounts and an existing auditor record showing balances entitle an employee to an immediate auditor's certificate (clearance) as a ministerial duty of the Auditor.
- Whether the Auditor's duties in examining, auditing, settling accounts, and issuing certificates are ministerial or involve judicial discretion.
- Whether mandamus may be used to control the Auditor's judgment or compel him to issue a particular certification when he has exercised discretion.
- Whether the administrative remedy of appeal under Act No. 1792 (to the Governor-General and thence to the Secretary of War) is a plain, speedy, and adequate remedy that bars mandamus.
- Whether Act No. 1605...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)