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G.R. No. 78529 September 17, 1987 issuance of a writ of discretion and
mandamus will not lie to compel the
BF HOMES, INCORPORATED and PHILIPPINE performance of such discretionary
WATER-WORKS AND CONSTRUCTION, petitioner, function. It is an established principle
vs. that the writ of mandamus may not be
NATIONAL WATER RESOURCES COUNCIL and THE issued to control the discretion of a
COURT OF APPEALS, respondent. judge or to compel him to decide a
case or a motion pending before him
in a particular way — the writ being
available only to compel him to
exercise his discretion or his
FELICIANO, J.: jurisdiction.2 (Emphasis supplied)
Petitioners BF Homes, Inc., is a residential Again, in Philippine Airlines Employees Associations

subdivision owner-operator and as such, constructed vs. Philippine Airlines, Inc., 3 Mme. Justice Melencio-
water distribution systems at its several subdivisions Herrera wrote:
so that residents would have an adequate supply of
potable water. Petitioner applied for and was granted ... But while certiorari is a proper
a Certificate of Public Convenience and Necessity in procedural remedy, this Court cannot
respect of its water distribution system at its Las compel respondent Court to lift its
Piñas subdivision. Petitioner sought authority from Order of December 6, 1969 or to
the respondent National Water Resources Council on reconsider the same, for this involves
12 March 1982 to transfer the Certificate of Public the exercise of judgment and
Convenience and Necessity to its co-petitioner, the discretion. It can only compel
Philippine Waterworks and Construction Corporation respondent Court to act on the
(PWCC). To date, the application for transfer has yet pending Motions one way or the other.
to be acted upon by the respondent Council. It is an established principle that the
Writ of mandamus may not be issued
Petitioner also has a Certificate of Public Convenience to control the discretion of a Judge or
and Necessity to operate its water distribution system to compel him to decide a case or
at B.F. Homes Parañaque. On 25 June 1985, motion in a particular way — the Writ
petitioner sought authority from respondent Council being available only to compel him to
to increase the water rates at B.F. Homes Parañaque. exercise his discretion or
Petitioner alleges that the increase in rates was not jurisdiction. The law concedes to
opposed by the residents of that subdivision who, as Judges and Courts the right to decide
a matter of fact, sought immediate approval so that questions according to their own
the increased rates would enable petitioner to meet judgment and understanding of the
the power bills from the Manila Electric Company, law. 4 (Emphasis supplied)
power being essential for operation of the water
distribution system. Respondent Council similarly Petitioner, however, does not here seek to compel
failed to date to act upon this application to increase respondent Council specifically to approve petitioner's
rates. applications pending before it. What petitioner seeks,
and this it is entitled to, is a writ that would require
Petitioner filed a petition for mandamus with the respondent Council to consider and deliberate upon
respondent appellate court to compel respondent the applications before it, examining in that process
Council to act on the application for transfer of the whatever evidence lies before it and to act
franchise at Las Piñas to PWCC and also to act upon accordingly, either approving or disapproving the
the application for authority to increase water rates. applications before it, in accordance with applicable
Respondent appellate court, in two Resolutions dated law and jurisprudence and in the best interest of the
respectively 16 February 1987 and 28 May 1987 in community involved. Per the records of this case,
C.A.-G.R. SP No. 09135, dismissed the petition for respondent Council has failed, for unexplained
mandamus upon the ground that mandamus will not reasons, to exercise its discretion and to act, one way
issue to compel the respondent Council to act on the or the other, on the applications of petitioners for a
matters pending before it, since such acts are not prolonged period of time imposing in the process
ministerial in nature. substantial prejudice or inconvenience upon the
many hundreds of families living in the two
subsidivisions involved. It appears, further, that
The respondent appellate court feR into reversible
respondent Council failed to inform petitioner of a
error here. It is established doctrine that mandamus
supposed need for additional data concerning
will not issue to control the performance of
petitioner PWCC.
discretionary, non-ministerial, duties, that is, to
compel a body discharging duties involving the
exercise of discretion to act in a particular way or to WHEREFORE, the Petition for Review is GRANTED
approve or disapproue a specific application In due course and the Resolutions dated 16 February
Mackenzie Pio vs. Hon. Pio R. Marcos, etc. et al., 1 this 1987 and 28 May 1987 of the respondent appellate
Court, through then Mr. Justice Teehankee, said: court are hereby set aside. Considering the need for
prompt action, the Court resolved itself to issue
directly a Writ of mandamus against the respondent
The petition must fail because under
Council commanding it forthwith to act upon
the circumstances of record, the
petitioner's Application for Increase in Water Rates in
issuance of the injunction sought is
BF Homes Parañaque (NWRC Case No. 78-037) and
manifestly not a ministerial
on petitioner's Application for Transfer of Certificate
duty, viz a duty which is so clear and
of Public Necessity and Convenience in B.F. Homes
specific as to leave no room for the
Las Piñas (NWRC Case No. 82-161), No
exercise of discretion in its
pronouncement as to costs. This Resolution is
performance and its discharge
immediately executory.
requires neither the exercise of
official discretion nor judgment. The

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Petitioners BF Homes, Inc., is a residential Again, in Philippine Airlines Employees Associations

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