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Department of Budget and Management v. Manila's Finest Retirees Association, Inc
Department of Budget and Management v. Manila's Finest Retirees Association, Inc
The petitioner decided to pay "under protest" the fees imposed by the ordinance. Such payment
did not affect the case; the declaratory relief action was still proper because the applicability of
the ordinance to future transactions still remained to be resolved, although the matter could also
be threshed out in an ordinary suit for the recovery of taxes paid. Respondents were thus fully
aware of the petitioner's claim for refund and of what would happen if the ordinance were to be
declared invalid by the court.
RULE 65
There are two instances where a decision, resolution or order of the Ombudsman arising from
an administrative case becomes final and unappealable: (1) where the respondent is absolved
of the charge; and (2) in case of conviction, where the penalty imposed is public censure or
reprimand, suspension of not more than one month, or a fine equivalent to one month salary.
Thus, the decision of the Ombudsman may be reviewed, modified or reversed via petition for
certiorari under Rule 65 of the Rules of Court filed with the Court of Appeals.
Uy v. Santiago
It is only execution of the Metropolitan or Municipal Trial Courts' judgment pending appeal with
the Regional Trial Court which may be stayed by a compliance with the requisites provided in
Rule 70, Section 19 of the Rules on Civil Procedure. On the other hand, once the Regional Trial
Court has rendered a decision in its appellate jurisdiction, such decision shall, under Rule 70,
Section 21 of the Rules, be immediately executory, without prejudice to an appeal, via a Petition
for Review, before the Court of Appeals and/or Supreme Court.
The issuance of the writ of execution pending appeal a clear duty of respondent Judge under
the law, mandamus can and should lie against him. Indeed, mandamus will lie to compel a
judge or other public official to perform a duty specifically enjoined by law once it is shown that
the judge or public official has unlawfully neglected the performance thereof