By: Elena Grace Flores
Outgoing Benigno Aquino III or Pnoy will walk out of Malacanang unscathed tomorrow when he turns over the presidency to President-elect Rodrigo Duterte. The DAP case filed against him and other alleged accomplice was dismissed and he is safe for now.
CNN Philippines wrote: The justices ruled that the acts sought to by the petitioners from the respondents were not ministerial — but discretionary acts.
SC Spokesperson Theodore Te explained that the mandamus will be issued only (1) where there exists a clear, legal right to the act demanded; (2) respondent has the duty to perform the act because it is mandated by law; (3) respondent unlawfully neglects the performance of such duty required by law; (4) the act to be performed is ministerial, not discretionary; and (5) there is no other plain, speedy and adequate remedy in the ordinary course of law.
The petition was filed by senatorial candidate Greco Belgica group – asking the Supreme Court last August 2015 to direct the Ombudsman and the Department of Justice or DOJ to probe and prosecute those behind the DAP or Disbursement Acceleration Program.