GR 27448; (November, 1977) (Digest)
G.R. No. L-27448. November 29, 1977.
PROVINCE OF PANGASINAN, petitioner, vs. REPARATIONS COMMISSION, THE HON. EXECUTIVE SECRETARY, THE HON. SECRETARY OF PUBLIC WORKS, THE HON. COMMISSIONER OF PUBLIC HIGHWAYS, THE PROVINCIAL COMMANDER, PC, PANGASINAN and THE HIGHWAY DISTRICT ENGINEER, PANGASINAN ENGINEERING DISTRICT, respondents.
FACTS
The Province of Pangasinan applied to the Reparations Commission for road-building equipment, classifying it for “non-revenue projects.” The National Economic Council, in its revised schedule submitted to the President, did not recommend the equipment as a non-revenue project. The President approved this revised schedule. Despite the equipment arriving and being released to the province after it paid associated fees, the Reparations Commission refused to execute the formal Contract of Transfer. Instead, the Commission, citing a lack of clearance from other government offices and the project’s reclassification, placed the equipment in the custody of the Highway District Engineer and required the province to pre-pay the procurement costs.
The Province of Pangasinan filed a petition for mandamus to compel the Reparations Commission to execute the transfer documents and to restrain other respondents from interfering with the equipment’s use. It argued the equipment was for non-revenue projects, thus exempt from procurement costs under Republic Act No. 1789 , and that the Commission had a ministerial duty to transfer it.
ISSUE
Whether a writ of mandamus is the proper remedy to compel the Reparations Commission to execute documents transferring the reparations equipment to the Province of Pangasinan.
RULING
No, mandamus is not the proper remedy. The Supreme Court dismissed the petition. Mandamus lies to compel the performance of a ministerial duty, not to enforce contractual rights or regulate a course of conduct. The duty must be clear and specific. The petitioner’s claim hinged on the equipment being classified for non-revenue producing projects, which would exempt it from procurement costs and create a duty to transfer.
However, the record established that the equipment was not ultimately classified as non-revenue producing. Crucially, the Provincial Board of Pangasinan itself had passed a resolution agreeing to convert the application to a revenue-producing project and to pay via installment. Consequently, the petitioner was obligated to pay the procurement costs before a transfer could be effected. Since this precondition was not met, the Reparations Commission had no clear, ministerial duty to execute the transfer documents. Therefore, the writ of mandamus could not issue. The temporary restraining order was lifted.