The writ of mandamus is not available to control
discretion neither may it be issued to compel the exercise of discretion. Truly,
it is a matter of discretion on the part of the prosecutor to determine which
persons appear responsible for the commission of a crime. However, the moment
he finds one to be so liable it becomes his inescapable duty to charge him
therewith and to prosecute him for the same. In such a situation, the rule
loses its discretionary character and becomes mandatory. (METROPOLITAN
BANK and TRUST COMPANY vs. ROGELIO
REYNADO and JOSE C. ADRANDEA, G.R.
No. 164538, August 9, 2010, DEL
CASTILLO, J.).
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