6/7/2020
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justiciable.
Preliminarily, the consolidated petitions continue to present a justiciable controversy.
Neither the expiration of the watchlist orders issued by Leila M. De Lima (respondent)
as former Secretary of Justice nor the filing of Information for electoral sabotage
against petitioner Gloria Macapagal-Arroyo (GMA) rendered the cases moot.
A case becomes moot when it ceases to present a justiciable controversy such that its
adjudication would not yield any practical value or use.[1] Where the petition is one for
certiorari seeking the nullification of an administrative issuance for having been issued
with grave abuse of discretion, obtaining the other reliefs prayed for in the course of
the proceedings will not render the entire petition moot altogether. In COCOFEDPhilippine Coconut Producers Federation, Inc. v. Commission on Elections (COMELEC),
[2] the Court thus explained:
A moot and academic case is one that ceases to present a justiciable
controversy because of supervening events so that a declaration thereon
would be of no practical use or value.
In the present case, while the COMELEC counted and tallied the votes in
favor of COCOFED showing that it failed to obtain the required number of
votes, participation in the 2013 elections was merely one of the reliefs
COCOFED prayed for. The validity of the COMELEC's resolution, cancelling
COCOFED's registration, remains a very live issue that is not dependent on
the outcome of the elections.[3] (Citations omitted)
Similarly, where an accused assails via certiorari the judgment of conviction rendered
by the trial court, his subsequent release on parole will not render the petition
academic.[4] Precisely, if the sentence imposed upon him is void for lack of jurisdiction,
the accused should not have been paroled, but unconditionally released since his
detention was illegal.[5] In the same vein, even when the certification election sought
to be enjoined went on as scheduled, a petition for certiorari does not become moot
considering that the petition raises jurisdictional errors that strike at the very heart of
the validity of the certification election itself.[6] Indeed, an allegation of a jurisdictional
error is a justiciable controversy that would prevent the mootness of a special civil
action for certiorari.[7]
Here, the consolidated petitions for certiorari and prohibition assail the constitutionality
of Department of Justice (DOJ) Circular No. 041-10,[8] on which respondent based her
issuance of watchlist and hold-departure orders against petitioners. Notably, DOJ
Circular No. 041-10 was not issued by respondent herself, but by Alberto C. Agra as
then Acting Secretary of Justice during the Arroyo Administration. It became effective
on 2 July 2010.[9] In fact, the assailed issuance remains in effect. To be sure,
whether the watchlist and hold-departure orders issued by respondent against
petitioners subsequently expired or were lifted is not determinative of the
constitutionality of the circular. Hence, the Court is duty-bound to pass upon the
constitutionality of DOJ Circular No. 041-10, being a justiciable issue rather than an
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