SC denies plea to compel gov’t to do mass testing

The Supreme Court has dismissed a petition seeking to compel the government to conduct proactive mass testing for coronavirus disease 2019, efficient contact tracing and isolation, and effective treatment of positive cases.

In a four-page en banc resolution, the SC ruled that the petitioners led by former Social Welfare Secretary Judy Taguiwalo on behalf of various sectors from medical frontliners to public utility drivers,failed to show that they are entitled to the extraordinary writ of mandamus.

In ruling against the petitioners, high court stressed that it cannot compel another branch of government how to do its job.

According to the tribunal, the remedy of mandamus applies only when the law defines a duty to be performed “with such precision and certainty as to leave nothing to the exercise of discretion or judgment.”