Philippine Supreme Court Resolutions > Year 2007 > July 2007 Resolutions > [G.R. No. 177506 : July 31, 2007] BAYAN MUNA, GABRIELA, KABATAAN, SUARA BANGSAMORO, AND ROBERTO CORBES, PETITIONERS, V. GEN. HERMOGENES ESPERON, IN HIS CAPACITY AS CHIEF OF STAFF, ARMED FORCES OF THE PHILIPPINES, GEN. BENJAMIN DOLORFINO, IN HIS CAPACITY AS AFP NCR COMMAND, LT. ROEL COTILLON, RESPONDENTS.<BR><BR>G.R. NO. 177538 - ANAKPAWIS PARTYL1ST, PETITIONERS, V. GEN. HERMOGENES ESPERON, IN HIS CAPACITY AS CHIEF OF STAFF, ARMED FORCES OF THE PHILIPPINES, AND GEN. BENJAMIN DOLORFINO, IN HIS CAPACITY AS AFP NCR COMMAND, RESPONDENTS. :

Quoted hereunder, for your information, is a resolution of the Court En Banc dated July 31, 2007

G.R. No. 177506 - BAYAN MUNA, GABRIELA, KABATAAN, SUARA BANGSAMORO, and ROBERTO CORBES, petitioners, v. GEN. HERMOGENES ESPERON, in his capacity as Chief of Staff, Armed Forces of the Philippines, GEN. BENJAMIN DOLORFINO, in his capacity as AFP NCR Command, LT. ROEL COTILLON, respondents.

G.R. No. 177538 - ANAKPAWIS PARTYL1ST, petitioners, v. GEN. HERMOGENES ESPERON, in his capacity as Chief of Staff, Armed Forces of the Philippines, and GEN. BENJAMIN DOLORFINO, in his capacity as AFP NCR Command, respondents.

For our resolution are two consolidated Urgent Petitions for Certiorari respectively filed by Bayan Muna, et al. and Anakpawis Party list against the above-named respondents. Petitioners assailed the latter's order deploying soldiers in several barangays in the National Capital Region (NCR) during the campaign period for the May 14, 2007 elections.

Petitioners alleged in the instant petitions that they are duly registered political parties running for reelection under the party-list system; that armed soldiers were going around the communities asking the residents if they were members of petitioners' organizations and warning them not to join or vote for their (petitioners1) groups; and that the deployment of troops is a violation of the Constitution, the Omnibus Election Code, and various election rules. Thus, petitioners prayed that respondents be ordered to pull out the soldiers deployed at the barangays of the NCR.

On May  15, 2007, the Solicitor General filed respondents' consolidated comment on the petitions, contending that the deployment of soldiers in the different areas within the NCR is part of the campaign of the military in addressing the problems in the barangay level through its training program known as the Community Leadership Program and Bridging Leadership Approach. On May 9, 2007, respondents pulled out the military troops, hence, the petitions have become moot and academic.

The allegations in both petitions show that petitioners' main thrust is the conceived participation of the military in the campaign against them prior to the May 2007 elections.

Considering that as early as May 9, 2007, the military troops were pulled out and that the May 14, 2007 elections had been concluded, the petitions are now moot and academic. An issue becomes moot and academic when it ceases to present a justiciable controversy, as in this case, so that a determination thereof would be without practical use and value. In such a case, there is no actual substantial relief which a petitioner would be entitled to and which would be negated by the dismissal of the petition. (Olanolan v. Commission on Elections, G.R.No. 165491, March 31, 2005, 454 SCRA 807)

WHEREFORE, we DISMISS the petitions.