Article 38 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a, international conventions, whether general or particular, establishing rules expressly recognized by the contesting states: b, international custom, as evidence of a general practice accepted as law; . the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.xxx Exceptions to the mootness prit This notwithstanding, this Court deems it apt to clarify that the mootness of the issue regarding the validity of the preventive suspension order subject of this case does not preclude any of its foregoing determinations, particularly, its abandonment of the condonation doctrine. As explained in Belgica, '"the moot and academic principle’ is not a magical formula that can automatically dissuade the Court in resolving a case. The Court will decide cases, otherwise moot, if: first, there is a grave violation of the Constitution; second, the exceptional character of the situation and the paramount public interest is involved; third, when the constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and fourth, the case is capable of repetition yet evading