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MMDA VS. CONCERNED RESIDENTS OF MANILA BAY. – 10 AGENCIES WARE ORDERED TO RESTORE AND PRESERVE WATER QUALITY TO SB LEVEL. RULE OF PROCEDURE FOR ENVIRONMENTAL CASES RULE 8 – Continuing mandamus against government agency or official. Unlawful neglect in performance of legal duty.
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MMDAVS. CONCERNED RESIDENTS OF MANILA BAY – 10 AGENCIES WARE ORDERED TO RESTORE AND PRESERVE WATER QUALITY TO SB LEVEL.
RULE OF PROCEDURE FOR ENVIRONMENTAL CASESRULE 8 – Continuing mandamus against government agency or official • Unlawful neglect in performance of legal duty. • Unlawful exclusion from enjoyment of legal rights. • Judgment is effective until full satisfaction.
FEATURES OF RULE ON CONTINUING MANDAMUS. • No docket fees. • Liberal rule on locus standi. • Filed with Court of Appeals or Supreme Court. • TEPO • Summary proceeding.
FEATURES OF RULE ON CONTINUING MANDAMUS. • Case decided within 60 days. • Periodic reports required. • Execution through government agency or Commissioner. • Suitor allowed to submit comments on return writ.
CONTINUING MANDAMUS • – Effective tool to ensure full execution of decision.