Roxas v.

Binay,

P.E.T No. 004, 16 August 2016 (Resolution)

Bersamin, J;

Facts:

A protest initiated by protestant Roxas, issuing a Precautionary Protective Order over the
election ballots and upon being served with summons and the protest, protestee Binay submitted his
answer with a Motion for Preliminary Hearing, where he prayed that the protest would be dismissed, on
August 30, 2010 The tribunal issued a PPO and set the preliminary conference on September 30 2010,
but the parties were unable to agree on the common issues, and on September 24 2012, the tribunal
held another preliminary conference to resolve all issues, requests, and motions filed by COMELEC;
ARMM Regional Elections. The COMELEC issued Resolution No. 13-0135,15 whereby it scheduled the
retrieval of the ballot boxes for use in the May 13, 2013 National and Local Elections to commence on
February 19, 2013 until March 15, 2013.

The term of the office of Vice President being contested by the parties had expired at noon of
June 30, 2016; and Vice President Robredo has already assumed the office being contested; and so the
protest and the counter-protest that are the subject matter of this case have become moot and
academic. As such, the Tribunal is constrained to dismiss the protest and the counter-protest. It has
been settled that the Tribunal should no longer proceed with this case because any decision that will be
made will have no purpose due to the issue being obsolete.

Issue:

1. (Procedural) Whether or not a case may be dismissed due to being moot and academic?

Ruling:

1. Yes. A case can be dismissed due to the reason of it being moot and academic because there is no
purpose to it being decided if it cannot provide any enlightenment, or because of its expiration and that
the issue has been resolved or has not reach its resolution within the time that it should be resolved.

Disposition:

In its decision dated August 16, 2016 the tribunal dismisses the protest filed by the protestant to it being
moot and academic.

Quick Digest:

A case that has reached its peak or the limited time it was allotted for may become moot and academic
because the issue being resolve is no longer relevant and that its issue has already long been resolve and
as such, has no point in it being decided as it would provide no insight as to what and why it resolved
the way it did.

1
Mohammad Al-Nasser L. Genove