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Draft International Covenant on Environment and Development

IUCN Commission on Environmental Law (CEL); International Council of Environmental Law (ICEL)
The Draft Covenant is a blueprint for an international framework (or umbrella) agreement consolidating and
developing existing legal principles related to environment and development. Since the publication of the
second edition in 2000, there have been important developments in the field of international environmental law.
This revised edition takes account of these changes, following a review of important new treaties and soft law
documents, including the Johannesburg Declaration and Plan of Implementation. This publication serves as an
authoritative reference and checklist for legislators, civil servants and other stakeholders worldwide when
drafting new, or updating, existing policies and law.
Series: IUCN Environmental Policy and Law Paper no.031, rev. 3
Gland : IUCN, 2010 xxxi, 206p. 4th ed. updated text
ISBN 978-2-8317-1286-4
Price: USD 35 Order number:
Note: Covenant was launched at the United Nations Congress on Public International Law, New York, 13-17
March 1995. Revised text presented on the occasion of the closing of the UN Decade of International Law, 54th
session of the UN General Assembly, 17 November 1999. 3rd ed. presented on the occasion of the 59th
Session of the UN General Assembly. Fourth edition was conveyed to the UN Member States on occasion of
the High Level Event on Biodiversity on 22 September 2010 during the 65th UN General Assembly. Includes
bibliographic references.
The United Nations Environment Programme (UNEP) is an agency of the UN that coordinates United
Nations environmental activities, assisting developing countries in implementing environmentally sound policies
and practices. It was founded as a result of the United Nations Conference on the Human Environment in June
1972 and has its headquarters in the Gigiri neighborhood of Nairobi, Kenya. UNEP also has six regional offices
and various country offices.
Its activities cover a wide range of issues regarding the atmosphere, marine and terrestrial ecosystems,
environmental governance and green economy. It has played a significant role in developing international
environmental conventions, promoting environmental science and information and illustrating the way those can
be implemented in conjunction with policy, working on the development and implementation of policy with
national governments, regional institutions in conjunction with environmental Non-Governmental Organizations
(NGOs). UNEP has also been active in funding and implementing environment related development projects.
UNEP has aided in the formulation of guidelines and treaties on issues such as the international trade in
potentially harmful chemicals, transboundary air pollution, and contamination of international waterways.

The World Meteorological Organization and UNEP established the Intergovernmental Panel on Climate
Change (IPCC) in 1988. UNEP is also one of several Implementing Agencies for the Global Environment
Facility (GEF) and the Multilateral Fund for the Implementation of the Montreal Protocol, and it is also a member
of the United Nations Development Group.[1] The International Cyanide Management Code, a program of best
practice for the chemicals use at gold mining operations, was developed under UNEPs aegis.
UNEP has sponsored the development of solar loan programs, with attractive return rates, to buffer the initial
deployment costs and entice consumers to consider and purchase solar PV systems. The most famous
example is the solar loan program sponsored by UNEP helping 100,000 people finance solar power systems
in India.[7] Success in India's solar program has led to similar projects in other parts of the developing world
like Tunisia, Morocco,Indonesia and Mexico.
UNEP sponsors the Marshlands project in the Middle East that helps to protect the largest marshland in the
Middle East. In 2001, UNEP alerted the international community to the destruction of the Marshlands when it
released satellite images showing that 90 percent of the Marshlands had already been lost. The UNEP "support
for Environmental Management of the Iraqi Marshland" commenced in August 2004, in order to manage the
Marshland area in an environmentally sound manner.[8]
In order to ensure full participation of global communities, UNEP works in an inclusive fashion that brings on
board different societal cohorts. UNEP has a vibrant programme for young people known as Tunza. Within this
program are other projects like the AEO for Youth.[9]
The United Nations Development Programme (UNDP) is the United Nations' global development network. It
advocates for change and connects countries to knowledge, experience and resources to help people build a
better life. UNDP operates in 177 countries, working with nations on their own solutions to global and national
development challenges. As they develop local capacity, they draw on the people of UNDP and its wide range
of partners.[2]
UNDP is an executive board within the United Nations General Assembly. The UNDP Administrator is the third
highest-ranking official of the United Nations after the United Nations Secretary-General and Deputy SecretaryGeneral.[3]
Headquartered in New York City, the UNDP is funded entirely by voluntary contributions from member nations.
The organization has country offices in 177 countries, where it works with local governments to meet
development challenges and develop local capacity. Additionally, the UNDP works internationally to help
countries achieve the Millennium Development Goals (MDGs). Currently, the UNDP is one of the main UN
agencies involved in the development of the Post-2015 Development Agenda.
UNDP provides expert advice, training, and grant support to developing countries, with increasing emphasis on
assistance to the least developed countries. To accomplish the MDGs and encourage global development,
UNDP focuses on poverty reduction, HIV/AIDS, democratic governance, energy and environment, social
development, and crisis prevention and recovery. UNDP also encourages the protection of human rights and
the empowerment of women in all of its programmes.

Furthermore, the UNDP Human Development Report Office publishes an annual Human Development
Report(since 1990) to measure and analyse developmental progress. In addition to a global Report, UNDP
publishes regional, national, and local Human Development Reports.[4]
UNDP helps countries develop strategies to combat poverty by expanding access to economic opportunities
and resources, linking poverty programmes with countries larger goals and policies, and ensuring a greater
voice for the poor. UNDP also works at the macro level to reform trade, encourage debt relief and foreign
investment, and ensure the poorest of the poor benefit from globalisation.
On the ground, UNDP sponsors developmental pilot projects, promotes the role of women in development, and
coordinates efforts between governments, NGOs, and outside donors. In this way, UNDP works with local
leaders and governments to provide opportunities for impoverished people to create businesses and improve
their economic condition.
The UNDP International Policy Centre for Inclusive Growth (IPC-IG)[1] in Braslia, Brazil expands the capacities
of developing countries to design, implement and evaluate socially inclusive development projects. IPC-IG is a
global forum for South-South policy dialogue and learning, having worked with more than 7,000 officials from
more than 50 countries.
A 2013 evaluation of the UNDPs poverty reduction efforts states that the UNDP has effectively supported
national efforts to reduce poverty, by helping governments make policy changes that benefit the poor.
Nevertheless, the same evaluation also states there is a strong need for better measurement and monitoring
of the impacts of the UNDP's work.[10] The UNDPs Strategic Plan 2014-2017 incorporates the recommendations
of this poverty evaluation.[11]
As the poor are disproportionately affected by environmental degradation and lack of access to clean,
affordable water, sanitation and energy services, UNDP seeks to address environmental issues in order to
improve developing countries abilities to develop sustainably, increase human development andreduce poverty.
UNDP works with countries to strengthen their capacity to address global environmental issues by providing
innovative policy advice and linking partners through environmentally sensitive development projects that help
poor people build sustainable livelihoods.
UNDPs environmental strategy focuses on effective water governance including access to water
supply and sanitation, access to sustainable energyservices, Sustainable land management to
combat desertification and land degradation, conservation and sustainable use of biodiversity, and policies to
control emissions of harmful pollutants and ozone-depleting substances. UNDP's Equator Initiative office
biennially offers the Equator Prize to recognize outstanding indigenous community efforts to reduce poverty
through the conservation and sustainable use of biodiversity, and thus making local contributions to achieving
the Millennium Development Goals (MDGs).
The International Labour Organization (ILO) is a United Nations agency dealing with labour issues,
particularly international labour standards and decent work for all.[2] 185 of the 193 UN member states are
members of the ILO.

In 1969, the organization received the Nobel Peace Prize for improving peace among classes, pursuing justice
for workers, and providing technical assistance to developing nations.[1]
The ILO registers complaints against entities that are violating international rules; however, it does not impose
sanctions on governments.[3]
The Governing Body decides the agenda of the International Labour Conference, adopts the draft programme
and budget of the organization for submission to the conference, elects the director-general, requests
information from member states concerning labour matters, appoints commissions of inquiry and supervises the
work of the International Labour Office.
Juan Somava was the ILO's director-general since 1999 until October 2012, when Guy Ryder was elected as
his replacement.
This guiding body is composed of 28 government representatives, 14 workers' representatives, and 14
employers' representatives.
Ten of the government seats are held by member states that are nations of "chief industrial importance," as first
considered by an "impartial committee." The nations are Brazil, China, France, Germany, India, Italy, Japan, the
Russian Federation, the United Kingdom and the United States.[5] The terms of office are three years.[6][7]
The UNESCO (United Nations Educational, Scientific and Cultural Organization),(in French: Organisation des
Nations unies pour l'ducation, la science et la culture; UNESCO; /junsko/) is a specialized agency of
theUnited Nations (UN).
Its purpose is to contribute to peace and security by promoting international collaboration through education,
science, and culture in order to further universal respect for justice, the rule of law, and human rights along with
fundamental freedom proclaimed in the UN Charter.[1] It is the heir of the League of Nations'International
Commission on Intellectual Cooperation.
UNESCO has 196 member states[2] and nine associate members.[3][4]
Most of the field offices are "cluster" offices covering three or more countries; there are also national and
regional offices.
UNESCO pursue its objectives through five major programs: education, natural sciences, social and human
sciences, culture, and communication and information.
Projects sponsored by UNESCO include literacy, technical, and teacher-training programmes; international
science programmes; the promotion of independent media and freedom of the press; regional and cultural
history projects; the promotion of cultural diversity; translations of world literature; international cooperation
agreements to secure the world cultural and natural heritage (World Heritage Sites) and to preserve human
rights, and attempts to bridge the worldwide digital divide. It is also a member of the United Nations
Development Group.[5]

UNESCO's aim is "to contribute to the building of peace, the eradication of poverty, sustainable development
and intercultural dialogue through education, the sciences, culture, communication and information".[6]
Other priorities of the organization include attaining quality Education For All and lifelong learning, addressing
emerging social and ethical challenges, fostering cultural diversity, a culture of peace and building inclusive
knowledge societies through information and communication.[7]
The broad goals and concrete objectives of the international community as set out in the internationally
agreed development goals, including the Millennium Development Goals (MDG) underpin all UNESCO's
strategies and activities.
The Food and Agriculture Organization of the United Nations (FAO) (French: Organisation des Nations
unies pour l'alimentation et l'agriculture, Italian: Organizzazione delle Nazioni Unite per l'Alimentazione e
l'Agricoltura) is an agency of the United Nations that leads international efforts to defeat hunger. Serving
bothdeveloped and developing countries, FAO acts as a neutral forum where all nations meet as equals to
negotiate agreements and debate policy. FAO is also a source of knowledge and information, and helps
developing countries and countries in transition modernize and
improve agriculture, forestry and fisheriespractices, ensuring good nutrition and food security for all.
Its Latin motto, fiat panis, translates into English as "let there be bread". As of 8 August 2013, FAO has 194
member states, along with the European Union (a "member organization"), and the Faroe Islands and Tokelau,
which are associate members.[1]
For the coming biennium, 20142015, FAO has outlined the following priorities in its fight against hunger.[6]

Help eliminate hunger, food insecurity and malnutrition contribute to the eradication of hunger by
facilitating policies and political commitments to support food security and by making sure that up-to-date
information about hunger and nutrition challenges and solutions is available and accessible.

Make agriculture, forestry and fisheries more productive and sustainable promote evidence-based
policies and practices to support highly productive agricultural sectors (crops, livestock, forestry and
fisheries), while ensuring that the natural resource base does not suffer in the process.

Reduce rural poverty help the rural poor gain access to the resources and services they need
including rural employment and social protection to forge a path out of poverty.

Enable inclusive and efficient agricultural and food systems help to build safe and efficient food
systems that support smallholder agriculture and reduce poverty and hunger in rural areas.

Increase the resilience of livelihoods from disasters help countries to prepare for natural and humancaused disasters by reducing their risk and enhancing the resilience of their food and agricultural systems.

The World Bank is an international financial institution that provides loans[3] to developing
countries forcapital programs.

The World Bank's official goal is the reduction of poverty. According to its Articles of Agreement (as
amended effective 16 February 1989), all its decisions must be guided by a commitment to the
promotion of foreign investment and international trade and to the facilitation of capital investment.[4]

The World Bank comprises two institutions: the International Bank for Reconstruction and
Development(IBRD) and the International Development Association (IDA).

The World Bank should not be confused with the World Bank Group, which comprises the World Bank,
theInternational Finance Corporation (IFC), the Multilateral Investment Guarantee Agency (MIGA), and
theInternational Centre for Settlement of Investment Disputes (ICSID).[5]

Clean Air Initiative (CAI) is a World Bank initiative to advance innovative ways to improve air quality in cities
through partnerships in selected regions of the world by sharing knowledge and experiences. It includes electric
The International Monetary Fund (IMF) is an international organization that was initiated in 1944 at theBretton
Woods Conference and formally created in 1945 by 29 member countries. The IMF's stated goal was to assist
in the reconstruction of the world's international payment system postWorld War II. Countries contribute money
to a pool through a quota system from which countries with payment imbalances can borrow funds temporarily.
Through this activity and others such as surveillance of its members' economies and the demand for selfcorrecting policies, the IMF works to improve the economies of its member countries.[1]
The IMF describes itself as an organization of 188 countries, working to foster global monetary cooperation,
secure financial stability, facilitate international trade, promote high employment and sustainable economic
growth, and reduce poverty around the world.[2] The organization's stated objectives are to promote
international economic co-operation, international trade, employment, and exchange rate stability, including by
making financial resources available to member countries to meet balance of payments needs.[3] Its
headquarters are in Washington, D.C., United States.
The IMF is mandated to oversee the international monetary and financial system[12] and monitor the economic
and financial policies of its 188 member countries. This activity is known as surveillance and facilitates
international co-operation.[13] Since the demise of the Bretton Woods system of fixed exchange rates in the early
1970s, surveillance has evolved largely by way of changes in procedures rather than through the adoption of
new obligations.[12] The responsibilities of the Fund changed from those of guardian to those of overseer of
members policies.
The Fund typically analyses the appropriateness of each member countrys economic and financial policies for
achieving orderly economic growth, and assesses the consequences of these policies for other countries and
for the global economy.[12]
IMF policies have been repeatedly criticised for making it difficult for indebted countries to avoid ecosystemdamaging projects that generate cash flow, in particular oil, coal, and forest-destroying lumber and agriculture
projects. Ecuador for example had to defy IMF advice repeatedly to pursue the protection of its rain forests,
though paradoxically this need was cited in IMF argument to support that country. The IMF acknowledged this

paradox in a March 2010 staff position report[76] which proposed the IMF Green Fund, a mechanism to
issue special drawing rights directly to pay for climate harm prevention and potentially other ecological
protection as pursued generally by other environmental finance.
While the response to these moves was generally positive[77] possibly because ecological protection and energy
and infrastructure transformation are more politically neutral than pressures to change social policy. Some
experts voiced concern that the IMF was not representative, and that the IMF proposals to generate only
US$200 billion a year by 2020 with the SDRs as seed funds, did not go far enough to undo the general
incentive to pursue destructive projects inherent in the world commodity trading and banking systems
criticisms often levelled at the World Trade Organization and large global banking institutions.
In the context of the May 2010 European banking crisis, some observers also noted that Spain and California,
two troubled economies within Europe and the United States respectively, and also Germany, the primary and
politically most fragile supporter of a euro currency bailout would benefit from IMF recognition of their leadership
in green technology, and directly from Green Fundgenerated demand for their exports, which might also
improve their credit standing with international bankers.
A multilateral environmental agreement (MEA) is a legally binding agreement between three or more states
relating to the environment. They are predominantly produced by the United Nations. It is called a bilateral
environmental agreement if the agreement is between two nation states.
The main method available under international law for countries to work together on global environmental
issues is the multilateral environmental agreement (MEA). MEAs are agreements between states which may
take the form of soft-law, setting out non-legally binding principles which parties will respect when considering
actions which affect a particular environmental issue, or hard-law which specify legally-binding actions to be
taken to work toward an environmental objective.
Rio Declaration on Environment and Development
The Rio Declaration on Environment and Development describes states obligations for promoting the principle
of sustainable development. This principle involves managing resources in a way that provides for our needs in
using those resources, as well as providing for their protection both for their inherent value, and to preserve
mankinds future interests in them. The obligation to conserve, protect and restore the health and integrity of
the Earth's ecosystem is framed in a way that recognises that states have differing abilities and methods to
draw on when dealing with environmental problems.

The Declaration identifies 27 guiding principles on sustainable development, including:

intergenerational equity that there should be equity between the rights and needs of the current
generation and of generations to come
precautionary approach that lack of full scientific certainty of the causes and effects of environmental
damage should not be a reason for delaying action to prevent such damage
polluter pays that polluters should bear the cost of pollution, and that the costs of environmental damage
should be reflected in cost/benefit analyses of actions affecting the environment

responsibilities that the world community has a common responsibility for protecting the global
environment. However, countries that pollute more should do more for environmental protection than countries
that pollute less.
The European Union (EU) is an economic and political union of 28 member states that are
locatedprimarily in Europe.[12][13] The EU operates through a system of supranational independent institutions
and intergovernmental negotiated decisions by the member states.[14][15] Institutions of the EU include
the European Commission, the Council of the European Union, the European Council, theCourt of Justice of the
European Union, the European Central Bank, the Court of Auditors, and theEuropean Parliament. The
European Parliament is elected every five years by EU citizens. The EU's de facto capital is Brussels.[4]
In 1957 when the EU was founded, it had no environmental policy, no environmental bureaucracy, and no
environmental laws.[186] Today, the EU has some of the most progressive environmental policies of any state in
the world. The environmental policy of the EU has therefore developed in remarkable fashion in the past four
decades. An increasingly dense network of legislation has emerged, which now extends to all areas of
environmental protection, including: air pollution control; water protection; waste management; nature
conservation; and the control of chemicals, biotechnology and other industrial risks.[187] The Institute for
European Environmental Policy estimates the body of EU environmental law amounts to well over 500
Directives, Regulations and Decisions.[188] Environmental policy has thus become a core area of European
Such dynamic developments are surprising in light of the legal and institutional conditions which existed in the
late 1950s and 60s.[189]Acting without any legislative authority, European policy-makers initially increased the
EU's capacity to act by defining environmental policy as a trade problem. The most important reason for the
introduction of a common environmental policy was the fear that trade barriers and competitive distortions in the
Common Market could emerge due to the different environmental standards.[190] However, in the course of time,
EU environmental policy emerged as a formal policy area, with its own policy actors, policy principles and
procedures. The legal basis of EU environmental policy was not more explicitly established until the introduction
of the Single European Act in 1987.[188]
Initially, EU environmental policy was rather inward looking. More recently, however, the Union has
demonstrated a growing leadership in global environmental governance. The role of the EU in securing the
ratification and entry into force of the Kyoto Protocol in the face of US opposition is an example in this regard.
This international dimension is reflected in the EU's Sixth Environmental Action Programme, which recognises
that its strategic objectives can only be achieved if a series of key international environmental agreements are
actively supported and properly implemented both at an EU level and worldwide. The entry into force of the
Lisbon Treaty further strengthens the EU's global environmental leadership ambitions.[191] The vast body of EU
environmental law which now exists has played a vital role in improving habitat and species protection in
Europe as well as contributed to improvements in air and water quality and waste management.[188] However,
significant challenges remain, both to meet existing EU targets and aspirations and to agree new targets and
actions that will further improve the environment and the quality of life in Europe and beyond.
One of the top priorities of EU environmental policy is combatting climate change. In 2007, member states
agreed that the EU is to use 20% renewable energy in the future and that it has to reduce carbon dioxide
emissions in 2020 by at least 20% compared to 1990 levels.[192] This includes measures that in 2020, 10% of the
overall fuel quantity used by cars and trucks in EU 27 should be running on renewable energy such as biofuels.

This is considered to be one of the most ambitious moves of an important industrialised region to fight climate

RP (Hon. Heherson Alvarez as Sec. Of the DENR, Clarence Baguilat as the Reg. Executive Dir. Of DENRRegion XI and Engr. Bienvenido Lipa as Reg. Dir. Of the DENR-ENVIRONMENTAL MANAGEMENT
G.R. No. 148622. September 12, 2002
Respondent filed an application for a Certificate of Non-Coverage (CNC) for its proposed project, the Davao
City Artica Sports Dome, with the Environmental Management Bureau (EMB), Region XI. The same, however,

was denied on the ground that the proposed project was within an environmentally critical area; that the City of
Davao must first undergo the environmental impact assessment (EIA) process to secure an Environmental
Compliance Certificate (ECC). Respondent then filed a petition for mandamus with the Regional Trial Court
(RTC), and the latter ruled in favor of respondent.
As the project in issue is not classified as environmentally critical or within an environmentally critical area, the
DENR has no choice but to issue the CNC. It becomes its ministerial duty, the performance of which can be
compelled by writ of mandamus, such as that issued herein by the trial court. The petition filed by the Republic
was denied.
1. August 11, 2000- respondent filed an application for a Certificate of Non-Coverage (CNC) for its
proposed project, the Davao City Artica Sports Dome, with the EMB- Region XI ; attached to the
2. EMB Region XI denied the application after finding that the proposed project was within an
environmentally critical area
a. Basis: Section 2, Presidential Decree No. 1586, otherwise known as the Environmental Impact
Statement System, in relation to Section 4 of Presidential Decree No. 1151, also known as the
Philippine Environment Policy the City of Davao must undergo the environmental impact
assessment (EIA) process to secure an Environmental Compliance Certificate (ECC), before it
can proceed with the construction of its project
3. Respondent filed a petition for mandamus and injunction with the RTC of Davao with the ff. Allegations:
a. project was neither an environmentally critical project nor within an environmentally critical area
b. it was the ministerial duty of the DENR to issue a CNC in favor of respondent upon submission of
the required documents
4. RTC ruled in favour of the City of Davao and hence directed the DENR ro issue the CNC for the project
(PD 1586 as basis)
a. Ratio:
i. there is nothing in PD 1586, in relation to PD 1151 and Letter of Instruction No. 1179
(prescribing guidelines for compliance with the EIA system), which requires LGUs to
comply with the EIS law.
ii. Only agencies and instrumentalities of the national government, including GOCCs, as
well as private corporations, firms and entities are mandated to go through the EIA
process for their proposed projects which have significant effect on the quality of the

iii. A local government unit, not being an agency or instrumentality of the National
Government, is deemed excluded under the principle of expressio unius est exclusio
iv. based on the certifications of the DENR- CENRO, site for the Artica Sports Dome was not
within an environmentally critical area . It therefore becomes mandatory for the DENR,
through the EMB Region XI, to approve respondent's application for CNC after it has
satisfied all the requirements for its issuance
5. Petitioner filed a MR but it was denied.
6. Hence, this petition.

Sec. 15, RA 7160 (LGC)


local government unit as a body politic and corporate endowed with powers to be exercised by it
in conformity with law.

performs dual functions, governmental (those that concern the health, safety and the
advancement of the public good or welfare as affecting the public generally ) and proprietary
(those that seek to obtain special corporate benefits or earn pecuniary profit and intended for
private advantage and benefit)


When exercising governmental powers and performing governmental duties, an LGU is

an agency of the national government

When engaged in corporate activities, it acts as an agent of the community in the

administration of local affairs.

Sec. 16, RA 7160 (LGC) duty of the LGUs to promote the people's right to a balanced ecology

an LGU, like the City of Davao, can not claim exemption from the coverage of PD 1586

As a body politic endowed with governmental functions, an LGU has the duty to ensure the
quality of the environment, which is the very same objective of PD 158

WON the LGUs are excluded from the coverage of PD 1586, one which requires an environmental impact
assessment (EIA) process to secure an Environmental Compliance Certificate (ECC)

1.) Section 4 of PD 1586 - "no person, partnership or corporation shall undertake or operate any such
declared environmentally critical project or area without first securing an Environmental Compliance
Certificate issued by the President or his duly authorized representative."
a. LGUs are juridical persons
2.) Section 1 of PD 1586 - law intends to implement the policy of the state to achieve a balance between
socio-economic development and environmental protection, which are the twin goals of sustainable
a. Whereas clause stresses that this can only be possible if we adopt a comprehensive and
integrated environmental protection program where all the sectors of the community are
involved, i.e., the government and the private sectors. The local government units, as part of the
machinery of the government, cannot therefore be deemed as outside the scope of the EIS
3.) HOWEVER, after consideration of the evidence finding Artica Sports Dome is not within an
environmentally critical area neither being a critical project... findings of the trial court becomes binding
with the SC

4.) The Artica Sports Dome in Langub does not come close to any of the projects or areas enumerated in
Presidential 2146 (proclaiming areas and types of projects as environmentally critical and w/in scope of
the EIS). Neither is it analogous to any of them. It is clear, therefore, that the said project is not classified
as environmentally critical, or within an environmentally critical area. Consequently, the DENR has no
choice but to issue the Certificate of Non-Coverage. It becomes its ministerial duty, the performance of
which can be compelled by writ of mandamus, such as that issued by the trial court in the case at bar. ^
TC affirmed