(Part 10) EN BANC | HERNANDO, J
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| (Part 10) EN BANC | HERNANDO, J.; Cervantes v. Aquino III [ G.R. No. 210805, May 11, 2021 ] |
[…] To expound, "[a] case or issue is considered moot and academic when it ceases to present a justiciable controversy by virtue of supervening events, so that an adjudication of the case or a declaration on the issue would be of no practical value or use. In such instance, there is no actual substantial relief which a petitioner would be entitled to, and which would be negated by the dismissal of the petition. Courts generally decline jurisdiction over such case or dismiss it on the ground of mootness. This is because the judgment will not serve any useful purpose or have any practical legal effect because, in the nature of things, it cannot be enforced.
In the case at bar, there is no dispute that the action for certiorari and prohibition filed by petitioners has been mooted by the termination of the BOT Agreement of private respondents. The staleness of the claims becomes more manifest considering the reliefs sought by petitioners, i.e., to annul and set aside the BOT Agreement for the modernization of the POC; and to permanently enjoin respondents from implementing the MPOC Project, are hinged on the existence of the BOT Agreement.
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Corollary, the eventual termination of the BOT Agreement rendered the resolution of the issues relating to the prayers for certiorari and prohibition of no practical or legal effect. Simply stated, petitioners, in this case, would no longer be entitled to any actual substantial relief regardless of this Court's disposition on the merits of the present petition.
WHEREFORE, the Court resolves to DISMISS the petition for being moot and academic.
SO ORDERED.
Cervantes v. Aquino III Citing Peñafrancia Sugar Mill, Inc. v. Sugar Regulatory Administration, 728 Phil. 535, 540 (2014).
Read the full decision here:
https://lawphil.net/judjuris/juri2021/may2021/gr_210805_2021.htm
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