04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
principle not being a magical formula that automatically dissuades courts in resolving
a case, it will decide cases, otherwise moot and academic, if it finds that (a) there is
a grave violation of the Constitution;[95] (b) the situation is of exceptional character
and paramount public interest is involved;[96] (c) the constitutional issue raised
requires formulation of controlling principles to guide the bench, the bar, and the
public;[97] and (d) the case is capable of repetition yet evading review.[98]
Another exclusionary circumstance that may be considered is where there is a
voluntary cessation of the activity complained of by the defendant or doer. Thus,
once a suit is filed and the doer voluntarily ceases the challenged conduct, it does
not automatically deprive the tribunal of power to hear and determine the case and
does not render the case moot especially when the plaintiff seeks damages or prays
for injunctive relief against the possible recurrence of the violation.[99]
The present petitions fall squarely into these exceptions to thus thrust them into the
domain of judicial review. The grounds cited above in David are just as applicable in
the present cases as they were, not only in David, but also in Province of Batangas
v. Romulo[100] and Manalo v. Calderon[101] where the Court similarly decided them
on the merits, supervening events that would ordinarily have rendered the same
moot notwithstanding.
Petitions not mooted
Contrary then to the asseverations of respondents, the non-signing of the MOA-AD
and the eventual dissolution of the GRP Peace Panel did not moot the present
petitions. It bears emphasis that the signing of the MOA-AD did not push through
due to the Court's issuance of a Temporary Restraining Order.
Contrary too to respondents' position, the MOA-AD cannot be considered a mere "list
of consensus points," especially given its nomenclature, the need to have it
signed or initialed by all the parties concerned on August 5, 2008, and the farreaching Constitutional implications of these "consensus points," foremost of
which is the creation of the BJE.
In fact, as what will, in the main, be discussed, there is a commitment on the
part of respondents to amend and effect necessary changes to the existing
legal framework for certain provisions of the MOA-AD to take effect.
Consequently, the present petitions are not confined to the terms and provisions of
the MOA-AD, but to other on-going and future negotiations and agreements
necessary for its realization. The petitions have not, therefore, been rendered moot
and academic simply by the public disclosure of the MOA-AD,[102] the manifestation
that it will not be signed as well as the disbanding of the GRP Panel not
withstanding.
Petitions are imbued with paramount public interest
There is no gainsaying that the petitions are imbued with paramount public interest,
involving a significant part of the country's territory and the wide-ranging political
modifications of affected LGUs. The assertion that the MOA-AD is subject to
further legal enactments including possible Constitutional amendments
more than ever provides impetus for the Court to formulate controlling
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
18/203
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents