04/02/2020
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As opposed to justiciable controversy, academic issues or abstract or feigned
problems only call for advices on what the law would be upon a hypothetical state
of facts.[8] Were the Court to continue entertain and resolve on the merits these
consolidated petitions, the most that it can legally do is to render an advisory
opinion,[9] veritably binding no one,[10] but virtually breaching the rule against
advisory opinion set out, if not implied in Section 1, Article VIII charging "courts of
justice [the duty] to settle actual controversies involving rights which are legally
demandable and enforceable."
Prescinding from and anent the foregoing considerations, it can categorically be
stated that what the petitions are pressing on the Court are moot and academic
questions. An issue or a case becomes moot and academic when it ceases to present
a justiciable controversy so that a determination thereof would be without practical
use and value.[11] In such cases, there is no actual substantial relief to which the
petitioner would be entitled to and which would be negated by the dismissal of the
petition.[12] To be sure, the mootness of a case would not, in all instances, prevent
the Court from rendering a decision thereon.[13] So it was that in a host of cases, we
proceeded to render a decision on an issue otherwise moot and academic. Dela
Camara v. Enage,[14] Gonzales v. Marcos,[15] Lacson v. Perez [16] Albania v.
COMELEC,[17] Acop v. Guingona II [18] and David v. Macapagal-Arroyo,[19] among
other cases, come to mind. David lists the exceptions to the rule on mootness, thus:
The "moot and academic" principle is not a magical formula that can
automatically dissuade the courts in resolving a case. Courts will decide
cases, otherwise moot and academic, 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 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 review.
A perusal of the cases cited, however, readily reveals that the subject matters
thereof involved jusiticiable controversies. In Dela Camara, for example, there was
the challenged order approving an application for bail bond but at an excessive
amount. The case was rendered moot by the issuance of a subsequent order
reducing the amount. In Gonzales, the petition questioning the validity of the
creation of the CCP Complex by then President Marcos via a executive order which
was viewed as a usurpation of legislative power was mooted by the issuance of a
presidential decree upon the declaration of martial law. In Lacson, assailed was the
issuance of Proclamation No. 36 declaring a state rebellion; in Albania, the petition
to nullify the decision of the COMELEC annulling the proclamation of petitioner as
municipal mayor was rendered moot by the election and proclamation of a new set
of municipal officers; in Acop, the petition to exclude two police officers from the
Witness Protection Program was rendered moot by the fact that the coverage of the
two officers under the program was terminated; and in David, the petition
challenging the validity of Presidential Proclamation (PP) 1017 declaring a state of
emergency was rendered moot by the issuance of PP 1021 declaring that the state of
national emergency has ceased.
The element of justiciable controversy is palpably absent in the petitions at bar. For,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
181/203
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