Philippine Supreme Court Resolutions


Philippine Supreme Court Resolutions > Year 2012 > March 2012 Resolutions > [G.R. No. 181779 : March 13, 2012] ANDREW L. ONG v. COMMISSION ON ELECTIONS, AND TEODORO DELA TORRE VILLAGRACIA, SR. :




EN BANC

[G.R. No. 181779 : March 13, 2012]

ANDREW L. ONG v. COMMISSION ON ELECTIONS, AND TEODORO DELA TORRE VILLAGRACIA, SR.

Sirs/Mesdames:

Please take notice that the Court en banc issued a Resolution dated MARCH 13, 2012, which reads as follows:  cralaw

"G.R. No. 181779 - ANDREW L. ONG v. COMMISSION ON ELECTIONS, AND TEODORO DELA TORRE VILLAGRACIA, SR.

R E S O L U T I O N 

Through certiorari and prohibition, the petitioner seeks to nullify and set aside the resolution of the Commission on Elections (COMELEC) dated January 31, 2008 declaring respondent Teodoro Villagracia, Sr. qualified to run for the position of Mayor of Cuyo, Palawan in the May 14, 2007 National and Local elections.

On April 16, 2007, the petitioner sought to disqualify Villagracia, Sr. on the ground of dual citizenship as provided for under Section 40 (d) of R.A. No. 7160 (Local Government Code). The two of them were then rival candidates for the position of Mayor of Cuyo, Palawan. Allegedly, Villagracia, Sr. was the holder of Philippine and American passports, and did not make a personal and sworn renunciation of his American citizenship before any public officer authorized to administer an oath to qualify himself to seek an elective local position in the Philippines, as required by Section 5 (2) of Republic Act No. 9225, when he filed his Certificate of Candidacy (COC) for the May 14, 2007 National and Local elections.

During the pendency of the case, the May 14, 2007 National and Local elections took place, and Villagracia, Sr. was proclaimed as the duly-elected Mayor of Cuyo, Palawan.

On June 15, 2007, the COMELEC (Second Division) promulgated a resolution,[2] declaring Villagracia, Sr. disqualified as a candidate for Mayor of Cuyo, Palawan during the May 14, 2007 National and Local elections because he did not submit any document proving that: (a) he had personally renounced under oath his American citizenship; (b) he had taken the oath of allegiance to the Republic of the Philippines; and (c) his filing of his COC had met the requirement of renunciation.[3]

Acting on the motion for reconsideration of Villagracia, Sr., however, the COMELEC En Banc reversed the Second Division's decision through its resolution dated January 31, 2008,[4] ruling that the petitioner, although he had the burden to prove that Villagracia, Sr. was an American citizen, did not present sufficient evidence to establish his allegation against Villagracia, Sr., or that Villagracia, Sr. had been naturalized as an American citizen but had re-acquired his Philippine citizenship, or that Villagracia, Sr. had carried dual citizenship, or that Villagracia, Sr. had lost his Philippine citizenship.[5]  Taking note that Villagracia, Sr. obtained the majority of the legal votes in the elections, the COMELEC En Banc declared that the insufficiency of evidence could not invalidate or frustrate the will of the electorate.[6]

Hence, the petitioner came to the Court through certiorari and prohibition, praying to nullify and set aside the resolution of the COMELEC En Banc dated January 31, 2008.

We dismiss the petition for certiorari and prohibition.

Having been proclaimed the winner during the 2007 National and Local elections, Villagracia, Sr. assumed office as Mayor of Cuyo, Palawan, and his full term expired by noon of June 30, 2010. In view of the expiration of the term of office of the position for Mayor of Cuyo, Palawan that was contested in the 2007 local elections, the issue in this case about the qualification of Villagracia, Sr. for the position became moot and academic.

Accordingly, no practical or useful purpose will be served by still passing upon and determining the merits of this case. Indeed, a case that meanwhile becomes moot and academic ceases to present any justiciable controversy, and a court of law will not determine moot questions, for the courts should not engage in academic declarations and should not determine moot questions.cralaw

IN VIEW OF THE FOREGOING, the Court DISMISSES the petition for certiorari and prohibition for being MOOT and ACADEMIC."

Del Castillo, J., on leave.

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court

Endnotes:


[1] Rollo, pp. 25-35; penned by Commissioner Romeo A. Brawner, with Commissioner Resurreccion Z. Borra, Commissioner Rene V. Sarmiento, and Commissioner Moslemen T. Macarambon, concurring, and Commissioner Florentino A. Tuason and Commissioner Nicodemo Ferrez maintaining their position as Members of the Second Division 

[2] Id., pp. 19-24; penned by Commissioner Florentino A. Tuason, with Commissioner Rene V. Sarmiento and Commissioner Nicodano Nicodemo T. Ferrer, concurring. 

[3] Id., p. 22. 

[4] Id., pp. 25-35. 

[5] Id., p. 31. 

[6] Id., p. 34

[7] Barayuga v. Adventist University of the Philippines, G R. No. 168008, August 17, 2010 1, 655 SCRA 640, 654.




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