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Question

IX. ADMINISTRATIVE LAW

A. General Principles

Question:

Mr. Santos filed a complaint against a government agency for its failure to act on his application for a permit within the prescribed period. He seeks the issuance of a writ of mandamus to compel the agency to act on his application. The agency, however, contends that it has not been able to process the application due to limited personnel and resources.

Discuss the following:

1. Whether Mr. Santos can validly seek the issuance of a writ of mandamus to compel the agency to act on his application;
2. If the agency's defense of limited personnel and resources can be a valid excuse for its failure to process the application;
3. Any other legal remedies available to Mr. Santos in this situation.

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Answer