Javarez v. Commission on Elections

EN BANC

[G.R. No. 217620. October 11, 2016.]

ARIEL JAVAREZ, ANGELITA DUGENIO, MARJORIE CESAR, GILDA IBANG-IBANG, EVELYN WAING, TERESITA ODON, RICARDO BONDA, LORNA DAVID, DAISY RANA, JOSEPHINE GIGANTO, MELODIA ESPARAGOZA, MANASES DUGENIO, SR., MARILYN APOLINAR SABINET, MA. MERCEDES ALPAS, EDEN DAVID, DAVID LAUSING, HERNANE SOLAS and VILMA BALTAZAR CALAGO, by themselves and as representatives of around 3,000 other individuals similarly situated, petitioners, vs. COMMISSION ON ELECTIONS and AL ROBEN J. GOH, respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated OCTOBER 11, 2016, which reads as follows:

"G.R. No. 217620 (ARIEL JAVAREZ, ANGELITA DUGENIO, MARJORIE CESAR, GILDA IBANG-IBANG, EVELYN WAING, TERESITA ODON, RICARDO BONDA, LORNA DAVID, DAISY RANA, JOSEPHINE GIGANTO, MELODIA ESPARAGOZA, MANASES DUGENIO, SR., MARILYN APOLINAR SABINET, MA. MERCEDES ALPAS, EDEN DAVID, DAVID LAUSING, HERNANE SOLAS and VILMA BALTAZAR CALAGO, by themselves and as representatives of around 3,000 other individuals similarly situated, Petitioners, versus COMMISSION ON ELECTIONS and AL ROBEN J. GOH, Respondents.)

RESOLUTION

This resolves the Petition for Mandamus filed by petitioners Ariel Javarez, et al.

On 27 April 2015, petitioners filed a Petition for Mandamus1under Section 3, Rule 65 of the 1997 Rules of Civil Procedure. The petition prayed that the signatures of the petitioners be excluded from the Petition for Recall in E.M. No. 15-002 (RCL)-A entitled "Al Roben J. Goh v. Lucilo R. Bayron." The Petition for Recall was filed by Alroben J. Goh (Goh) 2 on 17 March 2014 for the recall of the election of Lucilo R. Bayron (Mayor Bayron) as Mayor of Puerto Princesa City. 3

The Commission on Elections (COMELEC), finding the Petition for Recall sufficient in form and substance, issued a Notice setting the verification of the signatures and thumbmarks in the said petition. On 20 February 2015, petitioners filed a Manifestation with Opposition, 4 stating that they did not actually sign or place their thumbmarks in the Petition for Recall. They alleged that their signatures and thumbmarks have been forged or falsified and thus prayed for their respective signatures and thumbmarks to be cancelled in the Petition for Recall. The verification of the signatures in the Petition for Recall commenced on 20 February 2015 and ended on 28 February 2015.

On 1 March 2015, Acting Election Officer (EO) Atty. Orlando A. Ba-alan rendered his Rulings on the Objections, denying the objections made by petitioners. On 30 March 2015, the COMELEC En Banc issued a Resolution affirming the findings of the EO. Aggrieved by the Resolution of the COMELEC En Banc, petitioners filed the instant Petition for Mandamus to order the COMELEC to exclude them as supporting petitioners from the Petition for Recall.

On 16 June 2015, this Court resolved to require the COMELEC to comment on the Petition for Mandamus. 5 AaCTcI

The COMELEC, through the Office of the Solicitor General (OSG), filed its Manifestation with Motion on 7 September 2015. 6 It submitted that the Petition for Mandamus has been superseded by a supervening event. Specifically, the OSG alleged that the recall election subject of E.M. No. 15-002 (RCL)-A had already proceeded on 8 May 2015 where Mayor Bayron emerged as the winner, garnering 53% of the votes. As the recall election had already been concluded, the OSG moved for the dismissal of the Petition for Mandamus, as it has been rendered moot and academic.

We agree with the OSG. As the recall election had already been concluded, this Petition for Mandamus has been rendered moot and academic by the said supervening event. In Gunsi, Sr. v. Commissioners, Commission on Elections, 7 this Court has defined a moot and academic case as "one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical value. As a rule, courts decline jurisdiction over such case, or dismiss it on the ground of mootness." 8 We find that this applies to the instant petition — there would be no practical value in resolving the Petition for Mandamus to order the COMELEC to exclude the petitioners as supporting petitioners from the Petition for Recall as the said recall election had already been concluded, and a winner had already been proclaimed.

WHEREFORE, the Court resolves to DISMISS the Petition for Mandamus." Sereno, C.J., on official leave. Velasco, Jr., J., on leave. Leonen, J., on official business. (adv82)

Very truly yours,

 

(SGD.) FELIPA B. ANAMAClerk of Court

Footnotes

1. Rollo, Vol. I, pp. 3-13.

2. Also referred to in the Records as "Al Roben J. Goh."

3. Rollo, Vol. I, pp. 50-57.

4. Id., Vol. II, pp. 917-918.

5. Id., Vol. VII, p. 3694.

6. Id. at 3713-3715.

7. 599 Phil. 223 (2009).

8. Id. at 229.