Case Digest (G.R. No. 7806)
Facts:
Carroll H. Lamb v. W. H. Phipps, G.R. No. 7806. July 12, 1912, the Supreme Court En Banc, Johnson, J., writing for the Court.Petitioner Carroll H. Lamb was for four years superintendent of the Iwahig Penal Colony and resigned effective December 31, 1911 (acceptance dated January 2, 1912). He alleged that he had rendered and closed his accounts, that an auditor’s certificate (clearance) had previously been issued for an earlier period (Exhibit C, March 11, 1911), and that for the period up to his resignation he had properly accounted for all government funds and property. Lamb claimed that respondent W. H. Phipps, the Insular Auditor, refused to issue a clearance for the terminal period because of the risk of a “probable civil suit” by one Fernandez, and that this refusal prevented him from collecting accrued pay and from leaving the Islands (citing Act No. 1605).
Lamb petitioned the Supreme Court for a writ of mandamus (filed March 18, 1912) to compel Phipps to issue a clearance and sought damages; he alleged that criminal charges previously filed were dismissed by direction of the Governor‑General. The Court required respondent to show cause; respondent filed a demurrer asserting (1) lack of jurisdiction over the Auditor and (2) failure to state a cause of action. The Court initially entered a brief order (March 30, 1912) sustaining the demurrer in part and allowing amendment; Lamb did not amend.
In a fuller opinion the Court considered relevant statutes (notably Act No. 1605, Act No. 1792, and section 222 of Act No. 190) and authorities from the United States and local jurisprudence, and rendered final disposition below. Jus...(Pro-only)
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 warrant a mandamus compelling the Auditor to issue an auditor’s certificate (clearance), or is the Auditor’s action discretionary and subject to the administrative...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)