RAMON BLANCO, et al vs. THE BOARD OF MEDICAL EXAMINERS, THE SECRETARY OF THE INTERIOR et al; G.R. No.

22911 September 23, 1924 FACTS: Petitioner and other qualified persons took the examination prescribed by law and passed the same. Respondent board submitted the final result of the examination to the respondent Secretary for confirmation but the latter suspended the dissemination of said results pending the outcome of the investigation conducted by the Under-secretary. After investigation, the finding was that the questions on the subjects of the medical examinations had leaked out before the actual examination dates. Upon recommendation of the Undersecretary, the respondent Secretary annulled the results of the examinations. Petitioner filed a complaint in mandamus asking the Supreme Court to order the respondent Secretary to confirm the final results of the examinations. Section 776 of the Medical Law as last amended by Act 3111 provides that the results of all medical examinations, including the average and grades obtained by each applicant shall be submitted to the Secretary of Interior for confirmation and made known to the respective candidates within one month after the date of examination. ISSUES: Whether or not the duty of the secretary of interior under section 776 of the Medical Laws is ministerial in nature Whether or not mandamus may be issued to review the discretionary acts of a public officer

HELD: A writ of Mandamus cannot be issued to control or review the acts of a public officer exercised through his discretion. The court cannot substitute its judgment over that of a public officer whom the law imposes upon a right and duty to exercise his own discretion on matters which he is called upon to act. A power is discretionary and not ministerial if the law imposes a duty upon a public officer and gives him the right to decide how or when the duty shall be performed. The plain terms of the medical law provides that it is the discretionary duty of the Secretary to confirm or annul the report of the medical examiners. To hold that the secretary must in all cases confirm will convert him into an automatic rubber stamp for imprinting the requisite approval. Mandamus may be issued to correct abuse of discretion if the case is otherwise proper. It was not shown in the records of the case that the Secretary committed manifest injustice and grave abuse of discretion. The court dismissed the complaint.