LEGAL NOTE 0083: WHAT IS A MOOT AND ACADEMIC CASE?

 

SOURCE: BANGKO SENTRAL NG PILIPINAS VS. ORIENT COMMERCIAL BANKING CORPORATION, JOSE C. GO, GEORGE C. GO, VICENTE C. GO, GOTESCO PROPERTIES, INC., GO TONG ELECTRICAL SUPPLY INC., EVER EMPORIUM, INC., EVER GOTESCO RESOURCES AND HOLDINGS INC., GOTESCO  TYAN MING DEVELOPMENT INC., EVERCREST CEBU GOLF   CLUB AND RESORTS, INC., NASUGBU RESORTS INC., GMCC UNITED DEVELOPMENT CORP., GULOD RESORT, INC., OK STAR, EVER PLAZA, INC. AND EVER ELECTRICAL MFG., INC., (G.R. NO. 148383,  29 JUNE 2011, VILLARAMA, JR., J.) SUBJECTS: MOOT AND ACADEMIC CASE; JUDGMENT BASED ON COMPROMISE. (BRIEF TITLE: BANGKO SENTRAL VS. ORIENT COMMERCIAL).

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WHAT IS A MOOT AND ACADEMIC CASE?

IT IS A CASE THAT  CEASES TO PRESENT A JUSTICIABLE CONTROVERSY BY VIRTUE OF SUPERVENING EVENTS, SO THAT A DECLARATION THEREON WOULD BE OF NO PRACTICAL USE OR VALUE.

With the final settlement of the claims of petitioner against herein respondents, the issues raised in the present petition regarding the propriety of the issuance of writ of attachment by the trial court and the grave abuse of discretion allegedly committed by the appellate court in reversing the orders of the trial court, have now become moot and academic. “A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value.”[1][13]  In such cases, there is no actual substantial relief to which petitioner would be entitled to and which would be negated by the dismissal of the petition.[2][14]

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[1][13] See Lacson v. MJ Lacson Development Company, Inc., G.R. No. 168840, December 8, 2010, p. 10, citing Integrated Bar of the Philippines v. Atienza, G.R. No. 175241, February 24, 2010, 613 SCRA 510, 522-523.

[2][14] Chuidian v. Sandiganbayan, G.R. Nos. 156383 & 160723, July 31, 2006, 497 SCRA 327, 344.