Executive policy is beyond the jurisdiction of the Supreme Court


A barangay captain filed a petition and sought injunction to enjoin a government agency from constructing a road extension affecting his barangay. The Supreme Court ruled that the “determination of where, as between two possible routes, to construct a road extension is obviously not within the province of this Court. Such determination belongs to the Executive branch. Moreover, in this case the DPWH still has to conduct the proper study to determine whether a road can be safely constructed on land beneath which runs the aqueducts. Without such study, the MWSS, which owns the land, cannot decide whether to allow the DPWH to construct the road. Absent such DPWH study and MWSS decision, no grave abuse of discretion amounting to lack of jurisdiction can be alleged against or attributed to respondents warranting the exercise of this Court’s extraordinary certiorari power.”

Torrecampo v. MWSS, G.R. No. 188296, May 30, 2011

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s