The Supreme Court has junked the petition for mandamus filed by 70 children, through their parents and guardians, that sought to compel the government to provide free medical services and treatment to children injected with the anti-dengue Dengvaxia vaccine.
In the 28-page ruling penned by Associate Justice Marvic Leonen, the Court’s en banc held that granting the petition for mandamus would violate the principle of separation of powers between the three branches of the government — the legislative, executive and judiciary.
“Mandamus does not lie unless the acts to be performed are enjoined by law. The duty of respondent-government agencies to perform the acts must be clearly provided for by law. Neither petitioners nor this Court can order respondent-government owned agencies how to perform their functions with respect to any immunization program; otherwise, this Court will effectively usurp the power and prerogatives of the executive in their enactment of their programs,” the Court declared.