TEACHER – Consti 1

ATTY. EVILLO C. PORMENTO, PETITIONER, VS. JOSEPH "ERAP"EJERCITO ESTRADA AND COMMISSION
ON ELECTIONS,RESPONDENTS.

G.R. No. 191988, August 31, 2010

Topic: Term Limit on the President

PONENTE: CORONA, J.

FACTS
Atty. Evillo Pormento, petitioner, filed a petition for disqualification against respondent
Joseph Estrada’s candidacy for presidency during the May 2010 elections.
Respondent was elected president of the Philippines in general election held on May
1998. He sought the presidency again in general election in May 2010, petition opposed the
candidacy and filed for disqualification which was denied by the COMELEC 2nd division
numerous times.
Petitioner then filed for instant petition for certiorari (rule 45) however such petition
would not stay the final judgement nor did he pray for Prelim. injunction or TOR. Hence
respondent was able to run in the election and garnered 2nd highest number of votes but did
not win.
ISSUE/S
Whether or not respondent Joseph Estrada is covered by the ban on the president from
“any reelection”.
RULING
The court ruled that when a case moot it is un-justiciable, since although the phrase “re-
election” will be premised on a person’s SECOND (immediate or not) election as president,
there is no case or controversy to be resolved since there was no live conflict of legal rights that
existed, no real controversy to be resolved since he did not win in the election.
As a rule, the court may only adjudicate actual, ongoing controversies. The court is not
empowered to decide moot questions or abstract propositions, or to declare principles or rules
of law which cannot affect the result as to the thing in issue in the case before it.
DOCTRINE
Article 7, Sec.4 provides that the president and the VP shall be elected by direct vote of
the people for a term of 6 years… the president shall not be eligible for any re-election. No
person who has succeeded as president and has served as such for more than four years shall
be qualified for election toto the same office at any time.