Thursday, June 19, 2014

When a case is mooted - 192302.pdf

See - 192302.pdf





"x x x.



A case or issue is considered moot and academic when it ceases to present a justiciable controversy by virtue of supervening events, so that an adjudication of the case or a declaration on the issue would be of no practical value or use. In such instance, there is no actual substantial relief which a petitioner would be entitled to, and which would be negated by the dismissal of the petition. Courts generally decline jurisdiction over such case or dismiss it on the ground of mootness,26 as a judgment in a case which presents a moot question can no longer be enforced.27





In this case, the Manila RTC's rendition of the Decision dated September 23, 2010 in Civil Case No. 03-107325, as well as the Decision dated February 11, 2011 and the Amended Decision dated May 9, 2011 in Civil Case No. 03-107308, by virtue of which the assets subject of the said cases were all forfeited in favor of the government, are supervening events which have effectively rendered the essential issue in this case moot and academic, that is, whether or not respondents should have been allowed by the Manila RTC to intervene on the grom:id that they.have a legal interest in the forfeited assets. As the proceedings in the civil forfeiture cases from which the issue of intervention is merely an incident have already been duly

concluded, no substantial relief can be granted to the Republic by resolving

the instant petition.



x x x."