Reports of Cases Determined in the Supreme Court of the Philippines from ..., Volume 22

Capa
Bureau of Printing, 1918
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Página 529 - dismissed the petition. The Commissioner of the General Land Office and the Secretary of the Interior affirmed this decision. Mary S. Ness then filed a petition asking for a writ of mandamus to compel the Secretary of the Interior to accept, as conforming to the Timber and Stone Act,
Página 483 - (See sec. 6, Act No. 1792.) Generally, the duty of the Auditor for the Philippine Islands shall be to examine, audit, and settle all accounts pertaining to the revenues and receipts from whatever source of the Insular Government, of the city of Manila, of the provinces, municipalities, townships, settlements, or other governmental branches. The jurisdiction of the Auditor for
Página 548 - It is not a mental discretion to be exercised ex gratia, but a legal discretion to be exercised in conformity with the spirit of the law, and in a manner to subserve and not to impede or defeat the ends of substantial justice. As
Página 506 - plaintiff from the use and enjoyment of a right or office to which he is entitled and from which he is unlawfully precluded by such inferior tribunal, corporation, board, or person, and the court, on trial, finds the allegations of the complaint to be true, it may, if there is no other plain, speedy, and adequate remedy in the ordinary courts of law,
Página 509 - and to audit, in accordance with law and administrative regulations, all expenditures of funds or property pertaining to or held in trust by the Insular Government and the city of Manila. (Act No. 1792, sec. 2.)
Página 386 - must be prosecuted in the name of the real party in interest. But a person expressly authorized by law so to do may sue or be sued without joining with him the person for whose benefit the action is prosecuted or defended.
Página 738 - or favor". Discretion, when applied to public functionaries, means a power or right conferred upon them by law, of acting officially, under certain circumstances, according to the dictates of -their own judgment and conscience, uncontrolled by the judgment or conscience of others. Id. 10. A purely ministerial act or duty, in contradistinction to a discretional
Página 464 - Whether of funds or property, and all vouchers and records pertaining thereto, and his decision or his accounting of such revenues and receipts is final and conclusive, unless an appeal is taken therefrom within a period of one year. 5. ID.; ID.; DISCRETION.—The
Página 311 - A point which was actually and directly in issue in a former suit, and was there judicially passed upon and determined by a domestic court of competent jurisdiction, cannot be again drawn in question in any future action between the same parties or their privies, even when the causes of action in the two suits are wholly different.

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