Rafael M. Alunan III, et al., petitions, vs. Robert Mirasol, et al., respondents.

G.R. No. 108399

July 31, 1997
Mendoza, J.

DOCTRINE:
Courts will decide a question otherwise moot and academic if it is “capable of repetition,
yet evading review.”

FACTS:
1. Under the Local Government Code, which took effect on January 1, 1992, the first
local election was held on May 11, 1992. The Code provides that the first election for the
SK shall be held thirty days after the local election.

2. COMELEC issued a resolution providing guidelines for the holding of the general
election for SK on September 30, 1992, and placing the SK elections under the direct
control and supervision of the DILG.

3. The DILG issued a letter exempting the City of Manila from holding election for
the SK on the ground that the election previously held on May 26, 1990 was to be
considered the first under the newly enacted LGC.

4. Petitioners argue that DILG had no power to amend the resolutions of the
COMELEC.

5. The RTC ruled in favor of the DILG.

6. Second elections for the SK were eventually held on May 13, 1996.

ISSUES:

WON the holding the second elections rendered this case moot and academic.

RULING:

A moot and academic case is one that ceases to present a justiciable controversy by
virtue of supervening events, so that a declaration thereon would be of no practical
use or value. Without justiciable controversy, the courts cannot exercise their power
of judicial review.
The Court held that the case at bar is not moot and that it is in fact necessary to
decide the issues raised by the parties. This case comes within the rule that courts
will decide a question otherwise moot and academic I it is “capable of repetition, yet
evading review.” For the question whether the COMLEC can validly vest in the DILG
the control and supervision of SK elections is likely to arise in connection with every
SK election and yet the question may not be decided before the date of such
elections.

The Court thus reached the merits of the questions raised in this case.