ATTY. EVILLO C. PORMENTO v. JOSEPH 'ERAP' EJERCITO ESTRADA

FACTS:

Private respondent Joseph Ejercito Estrada was elected President of the Republic of the Philippines in the general elections held on May 11, 1998. He sought the presidency again in the general elections held on May 10, 2010. Petitioner Atty. Evillo C. Pormento opposed private respondent's candidacy and filed a petition for disqualification, which was denied by the Commission on Elections (COMELEC). The petitioner filed a petition for certiorari on May 7, 2010, but did not request a temporary restraining order or writ of preliminary injunction. Private respondent participated in the May 10, 2010 elections and did not win the presidency. The issue of the interpretation of the phrase "any reelection" is premised on a person's second election as President, which did not occur in this case. The Supreme Court found that there was no actual case or controversy to be resolved, and that the petition became moot. The court dismissed the petition.

ISSUES:

  1. The issue in this case is the proper interpretation of the phrase "the President shall not be eligible for any reelection" in Section 4, Article VII of the Constitution.

RULING:

  1. The Court dismissed the petition on the grounds that the issue has already been mooted by subsequent events and there is no actual case or controversy to be resolved. The Court cannot decide on moot questions or abstract propositions. The Court also emphasized that an action is considered moot when the matter in dispute has already been resolved and there is no likelihood that the issue will be raised again between the parties.

PRINCIPLES:

  • Judicial restraint should be exercised when a constitutional issue has already been mooted by subsequent events.

  • The constitutional requirement of the existence of an "actual controversy" for the exercise of judicial review.

  • The Court may only adjudicate actual, ongoing controversies and cannot decide on moot questions or abstract propositions.