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G.R. No.

191988

6/30/13 10:14 PM

EN BANC ATTY. EVILLO C. PORMENTO, Petitioner, G.R. No. 191988 CORONA, C.J., CARPIO, CARPIO MORALES, VELASCO, JR., NACHURA, LEONARDO-DE CASTRO, BRION,* – versus – PERALTA,** BERSAMIN, DEL CASTILLO, ABAD, VILLARAMA, JR., PEREZ, MENDOZA and SERENO, JJ.

JOSEPH “ERAP” EJERCITO ESTRADA and COMMISSION ON ELECTIONS, Respondents. Promulgated: August 31, 2010 x--------------------------------------------------x RESOLUTION CORONA, C.J.: What is the proper interpretation of the following provision of Section 4, Article VII of the Constitution: “[t]he President shall not be eligible for any reelection?” The novelty and complexity of the constitutional issue involved in this case present a temptation that magistrates, lawyers, legal scholars and law students alike would find hard to resist. However,

http://sc.judiciary.gov.ph/jurisprudence/2010/august2010/191988.htm

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judiciary. Hence. in the end. there is no case or controversy to be resolved in this case. Since the issue on the proper interpretation of the phrase “any reelection” will be premised on a person’s second (whether immediate or not) election as President. [2] [1] His motion for reconsideration Petitioner filed the instant petition for certiorari [3] on May 7. Pormento opposed private respondent’s candidacy and filed a petition for disqualification. final order or resolution of the COMELEC that is sought to be reviewed. 191988 6/30/13 10:14 PM prudence dictates that this Court exercise judicial restraint where the issue before it has already been mooted by subsequent events. More importantly. No live conflict http://sc. under the Rules of Court. No. 1998.” Private respondent was elected President of the Republic of the Philippines in the general elections held on May 11.gov. his petition was denied by the Second Division of public respondent Commission on Elections (COMELEC). 2010 elections where he garnered the second highest number of votes. Evillo C. The petition asks whether private respondent Joseph Ejercito Estrada is covered by the ban on the President from “any reelection. was subsequently denied by the COMELEC en banc. However. [4] Besides. 2010. 2010. However. the filing of such petition would not stay the execution of the judgment. He sought the presidency again in the general elections held on May 10.ph/jurisprudence/2010/august2010/191988.R.G. [5] Private respondent was not elected President the second time he ran. will amount to nothing but a nonbinding opinion. private respondent was able to participate as a candidate for the position of President in the May 10. petitioner did not even pray for the issuance of a temporary restraining order or writ of preliminary injunction. the constitutional requirement of the existence of a “case” or an “actual controversy” for the proper exercise of the power of judicial review constrains us to refuse the allure of making a grand pronouncement that.htm Page 2 of 6 . Petitioner Atty.

real or substantial controversy that [7] No specific relief may [8] As touches on the legal relations of parties having adverse legal interests. 2010 elections.htm Page 3 of 6 . concrete. or to declare principles or rules of law which cannot affect the result as to the thing in issue in the case before it. Following the results of that elections. such. any discussion of his “reelection” will simply be hypothetical and speculative. There is nothing for the court to resolve as the determination thereof has been overtaken by subsequent events. one of the essential requisites for the exercise of the power of judicial review. [12] Assuming an actual case or controversy existed prior to the proclamation of a President who has been duly elected in the May 10. It will serve no useful or practical purpose. is sorely lacking in this case. the same is no longer true today. conclusively be decreed upon by this Court in this case that will benefit any of the parties herein.ph/jurisprudence/2010/august2010/191988.gov. http://sc.judiciary. case is moot. the existence of an actual case or controversy.G. As a rule. ongoing controversies. 191988 6/30/13 10:14 PM of legal rights exists. Thus. it becomes non-justiciable. the petition is denied due course and is hereby DISMISSED. [11] [10] In other words. one is not entitled to judicial intervention unless the issue is likely to be raised again between the parties. SO ORDERED. [6] There is in this case no definite. private respondent was not elected President for the second time. this Court may only adjudicate actual. [9] The Court is not empowered to decide moot questions or abstract propositions. No.R. Accordingly. when a An action is considered “moot” when it no longer presents a justiciable controversy because the issues involved have become academic or dead or when the matter in dispute has already been resolved and hence.

gov. Associate Justice http://sc.R.htm JOSE PORTUGAL PEREZ Associate Justice Page 4 of 6 . DEL CASTILLO Associate Justice ROBERTO A. VILLARAMA. JR.ph/jurisprudence/2010/august2010/191988. PERALTA Associate Justice LUCAS P. LEONARDO-DE CASTRO Associate Justice (On Leave) ARTURO D. BERSAMIN Associate Justice MARIANO C. JR. No. BRION Associate Justice (On Official Leave) DIOSDADO M.judiciary. Associate Justice ANTONIO EDUARDO B. NACHURA Associate Justice TERESITA J.G. CARPIO Associate Justice CONCHITA CARPIO MORALES Associate Justice PRESBITERO J. 191988 6/30/13 10:14 PM RENATO C. CORONA Chief Justice WE CONCUR: ANTONIO T. VELASCO. ABAD Associate Justice MARTIN S.

none of the exceptions applies in this case. Yusoph and Gregorio Y. [6] See discussion on the concept of “case” or “contoversy” in Cruz. [11] While there are exceptions to this rule. [2] Resolution dated May 4. Velasco and concurred in by Chairperson Jose A. 494 U. Nicodemo T.R. 21-46. 2010 penned by Commissioner Nicodemo T. [9] Honig v. 2002 Edition.) ! http://sc. 484 U. [5] Benigno Simeon C. However.G. 47-51. Tagle. Lucenito N.gov. Continental Bank Corporation. It is highly doubtful if he can demonstrate a substantial likelihood that he will “suffer a harm” alleged in his petition. Ferrer and concurred in by Commissioners Lucenito N. Aquino III garnered the highest number of votes and was therefore proclaimed as President. Larrazabal. [10] Id. the said exception applies only where the following two circumstances concur: (1) the challenged action is in its duration too short to be fully litigated prior to its cessation or expiration and (2) there is a reasonable expectation that the same complaining party would be subjected to the same action again (Lewis v. 2010 penned by Commissioner Armando C.S. Yusoph. What may most probably come to mind is the “capable of repetition yet evading review” exception. Rule 64 of the Rules of Court. Melo and Commissioners Rene V.. 305 (1988). PHILIPPINE POLITICAL LAW. Isagani. I certify that the conclusions in the above Resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Court. SERENO Associate Justice CERTIFICATION Pursuant to Section 13. 191988 6/30/13 10:14 PM JOSE CATRAL MENDOZA Associate Justice MARIA LOURDES P. pp. Doe. [3] Under Rule 65 in relation to Rule 64 of the Rules of Court. p. 259. Elias R. (See Honig v.S. [1] Resolution dated January 10.ph/jurisprudence/2010/august2010/191988. The second of these requirements is absent in this case. CORONA Chief Justice * On leave. It is highly speculative and hypothetical that petitioner would be subjected to the same action again. Tagle and Elias R. supra. RENATO C. [7] Id. Article VIII of the Constitution. Id. A.R. 472 [1990]). **!!!!!!!!!!!!!On official leave.judiciary. Doe. Sarmiento. Rollo. pp. No.htm Page 5 of 6 . Ferrer. [4] See Section 8. [8] Id.

No. Court of Appeals.G. 191988 6/30/13 10:14 PM [12] Santiago v.R. No.judiciary.htm Page 6 of 6 .ph/jurisprudence/2010/august2010/191988. 26 January 1998. 121908. G. 285 SCRA 16. http://sc.R.gov.