Enrile v Senate Electoral Tribunal
Facts:
On January 20, 1995, Sen. Aquilino Pimentel filed with the Senate Electoral
Tribunal (SET) an election protest against Sen. Juan Ponce Enrile and other
senatorial candidates who won in the May 1995 senatorial elections.
On June 30, 1995, the petitioner, Sen.
Enrile, filed his answer in counter-protest. Issues having joined, the SET
required the parties to submit the list of pilot precincts number not more than
25% of the total precints involved.
On Aug. 21, 1997, SET held a press
conference at the Supreme Court Session Hall announcing the partial and
tentative results of the revision of ballots in the pilot precincts without
resolving the protest. In the tabulation presented, the petitioner’s name
dropped to the 15th position in the senatorial race.
On September 24, 1997, petitioner filed
a Motion to Set Aside Partial Results in Sen. Pimentel’s Protest and to Conduct
Another Appreciation of Ballots in the Presence of All Parties. Respondent and
Sen. Coseteng filed separate comments alleging petitioner’s motion is premature
considering the SET has not resolved respondent’s election protest.
Nevertheless, the SET denied
petitioner’s motion holding no sufficient basis to discard the partial
tabulation. The SET also denied petitioner’s motion for reconsideration.
A petition for Certiorari assailed for
having been issued with grave abuse of discretion the resolution that denied
petitioner’s Motion to Annul/Set Aside Partial Results in Pimentel’s Protest
and to conduct another Appreciation of Ballots in the Presence of All Parties.
Issue:
Whether or not there is still useful purpose that can serve in passing upon
merits of said petition.
Held:
The Court finds the petition becoming moot and academic. The tenure of the contested
senatorial position subject to respondent’s protest expired on June 30, 1998.
The case became moot considering there is no more actual controversy between
the parties and has no useful purpose that can serve in passing upon any merit.
Where issues have become moot and
academic, justiciable controversies are lost, thereby rendering the resolution
of no practical use or value.
The petition is dismissed.
Comments
Post a Comment