Henares vs. Land Transportation Franchising and Regulatory Board, G.R. No. 158290 (Philippines)

Petitioners sought the issuance of a writ of mandamus commanding government agencies to require public utility vehicles to use compressed natural gas as an alternative fuel. Fossil fuels increased air pollution and led to detrimental health effects for the public. The petitioners contended they had a constitutional right to breathe clean air, which the government had failed to protect. The court agreed that the right to clean air was not only “an issue of paramount importance to petitioners for it concerns the air they breathe, but it is also impressed with public interest.” However, the court dismissed the petition for lack of available remedies. It concluded that courts were constrained to issuing mandamus orders to compel a duty specifically ordered by law. In this case, there was no law mandating government authorities to require motor vehicle owners to use compressed natural gas.