You are on page 1of 1

Topic: Mootness (topic elaborated in Doctrines/Notes) THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. GREGORIO PERFECTOR, defendant-appellant.

G.R. No. 191988 August 31, 2010 Ponente: Corona (CJ)

FACTS Private respondent Joseph Ejercito Estrada was elected as the President of the Republic of the Philippines in the May 11, 1998 elections. He sought the same position in the May 10, 2010 elections. In opposition to respondents candidacy, petitioner Evillo C. Pormento filed a petition for disqualification. The petition was denied by the Commission on Elections (COMELEC), and the motion for reconsideration he subsequently filed was denied by the COMELEC en banc. Petitioner then filed a petition for certiorari on May 7, 2010, a mere three days away from the date of the elections. Private respondent was not elected the second time he vied for the position. ISSUE Whether or not respondent is covered by the ban on the President from any reelection HELD NO. Since respondent only vied for the position and was not elected, there is no justiciable controversy to be decided by the Supreme Court. The ban itself is on reelection, which would mean that a person, once elected for the position, cannot be elected again. The Court denied and dismissed the pettiion. DOCTRINES/NOTES Judicial review can only be rendered if there is an actual ongoing controversy brought before the Court by real parties having adverse interests, which would be considered a justiciable question. Otherwise, the Court will be providing its opinion on a matter in which the issues involved are already academic and dead. Such is not included in the power given to the Court. The Court should exercise judicial restraint in an issue mooted by subsequent events. In this case, the subsequent event is the fact that respondent did not win the elections, which would render the decision of the Court as to the issue at hand useless.