Remedial Law, 2012 Bar — Question X-B

ESSAY

A files a Complaint against B for recovery of title and possession of land situated in Makati with the RTC of Pasig. B files a Motion to Dismiss for improper venue. The RTC Pasig Judge denies B’s Motion to Dismiss, which obviously was incorrect. Alleging that the RTC Judge "unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office", B files a Petition for Mandamus against the judge. Will Mandamus lie? Reasons. (3%)

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