04/02/2020
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upon.
At the same time, I deem it impolitic to simply vote for the dismissal the cases at
bar without further discourse in view of their uniqueness in two aspects. At the
center is an agreement and yet a party to it was not impleaded before it was
forsaken. And while the unimpleaded party is neither a state nor an international
legal person, the cases are laden with international law underpinnings or analogies
which it may capitalize on to stir adverse epiphenomenal consequences.
According to news reports, the Moro Islamic Liberation Front (MILF) has adopted the
posture that as far as it is concerned, the MOA-AD is already effective, and there
may be indeed a tenuous linkage between that stance and the apparent fact that the
MOA-AD, though unsigned, bears the initials of members of the Philippine
negotiating panel, the MILF negotiating panel and the peace negotiator of the
Malaysian government. These concerns warrant an extended discussion on the MOAAD, even if the present petitions are moot and academic.
I.
It is a bulwark principle in constitutional law that an essential requisite for a valid
judicial inquiry is the existence of an actual case or controversy. A justiciable
controversy must be definite and concrete, touching the legal relations of parties
having adverse legal interests. It must be a real and substantial controversy
admitting of specific relief through a decree that is conclusive in character, as
distinguished from an opinion advising what the law would be upon a hypothetical
state of facts.[1] The exercise of the power of judicial review depends upon the
existence of a case or controversy. Consequently, if a case ceases to be a lively
controversy, there is no justification for the exercise of the power, otherwise, the
court would be rendering an advisory opinion should it do so.[2]
We held in Gancho-on v. Secretary of Labor:[3]
It is a rule of universal application, almost, that courts of justice
constituted to pass upon substantial rights will not consider questions in
which no actual interests are involved; they decline jurisdiction of moot
cases. And where the issue has become moot and academic, there is no
justiciable controversy, so that a declaration thereon would be of no
practical use or value.There is no actual substantial relief to which
petitioners would be entitled and which would be negated by the
dismissal of the petition.
In the recent ruling in Suplico v. NEDA,[4] the President officially desisted from
pursuing a national government project which was challenged before this Court. The
Court was impelled to take mandatory judicial notice[5] of the President's act, and
consequently declare the pending petitions as moot and academic. The Court,
through Justice Reyes, held:
Concomitant to its fundamental task as the ultimate citadel of justice and
legitimacy is the judiciary's role of strengthening political stability
indispensable to progress and national development.Pontificating on
issues which no longer legitimately constitute an actual case or
controversy will do more harm than good to the nation as a whole.Wise
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
139/203
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