To live outside the law you must be honest - Bob Dylan
Saturday, December 12, 2009
Moot and Academic
Does the lifting of Proclamation No. 1959 render the petitions of Jovito Salonga et. al. challenging the legality of Proclamation No. 1959 which imposed martial law in Maguindanao moot and academic?
A case is considered moot and academic when it ceases to present a justiciable controversy by reason of supervening events. In the case of the present petitions, the supervening event is the lifting of Proclamation No. 1959 on 12 December 2009.
As a general rule, such petitions may be dismissed on ground of mootness. However, this general rule admits of exceptions, namely :
1) there is a grave violation of the Constitution.
2) the exceptional character of the situation and the paramount public interest is involved.
3) when constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public.
4) the case is capable of repetition yet evading review.
I submit that the above exceptions are present and therefore the Supreme Court is bound to resolve the petitions filed by Salonga and other personalities.
God grant me the serenity to accept the things I cannot change, courage to change the things I can, and the wisdom to know the difference—living one day at a time, enjoying one moment at a time, accepting hardships as the pathway to peace, taking as He did this sinful world as it is, not as I would have it, trusting that He will make all things right if I surrender to His Will—that I may be reasonably happy in this life and supremely happy with Him forever...