98. PHILIPPINE COCONUT AUTHORITY, vs PRIMEX COCO PRODUCTS, INC.

G.R. No. 163088 July 20, 2006

EXISTENCE OF A CLEAR LEGAL RIGHT

FACTS

The Philippine Coconut Authority (PCA) authorized the establishment and operation of
additional PCA plants in view of the increasing demand for desiccated coconuts (DCN) in the
world market. The opening of new plants was made subject to implementing guidelines and
approval of the President.

PCA granted the application of Primex as a new exporter/trader/manufacturer of DCN by virtue

of Resolution No. 018-93. Subsequently this resolution was declared null and void by the SC.
By virtue of the decision of the Court PCA issued a Provisional Certificate of Registration No.
040805-99-P to Primex effective until June 30, 1999 only.

Primex was prompted to file a petition for mandamus against the PCA and its Administrator
Eduardo Escueta before the RTC of Quezon City.

In its Answer to the petition, the PCA claimed that it had already acted on the motion for
reconsideration of Primex on June 18, 1999 and extended its provisional registration for another
six months from June 30, 1999. RTC rendered a Decision in favor of Primex and ordered the
PCA to issue to Primex a regular certificate of registration not only for the calendar year 1999

CA affirmed the decision.

Petitioner contends that the issuance of a certificate of registration to the respondent is a

discretionary, not a ministerial act that may be compelled by mandamus.

ISSUE Whether or not the certificate of registration is a ministerial act that may be compelled by
mandamus

HELD

No. The act is not ministerial, which cannot be compelled by mandamus.

For a writ of mandamus to be issued, it is essential that petitioner should have a clear legal right
to the thing demanded and it must be the imperative duty of the respondent to perform the act
required. Mandamus applies as a remedy only where petitioner's right is founded clearly in law
and not when it is doubtful.34 The writ will not be granted where its issuance would be
unavailing, nugatory, or useless. If the law imposes a duty upon a public officer and gives him
the right to decide how or when the duty shall be performed, such duty is discretionary and not
ministerial.

There is no doubt that under the law petitioner is vested with discretion on whether or not to
grant an application for the establishment of a new plant. Relative to the renewal of a certificate
of registration, petitioner may refuse a registration unless the applicant has complied with the
procedural and substantive requirements for renewal. However, once the requirements are
complied with, the renewal of registration becomes a ministerial function of petitioner.
Mandamus is never granted to compel the performance of an act until there has been an actual,
as distinguished from an anticipated, refusal to act.