Sunday, January 3, 2016

Delay; it is in the interest of the State that questions relating to the status and existence of a public office be settled without delay.

G.R. No. 190120 November 11, 2014

CIVIL AVIATION AUTHORITY OF THE PHILIPPINES (CAAP); HON. LEANDRO R. MENDOZA, Secretary, Department of Transportation and Communications, in his capacity as Ex-Officio CAAP Chairman of the Board; RUBEN F. CIRON, PhD, Acting Director General, in his capacity as CAAP Ex Officio Vice Chairman; HON. AGNES VST. DEV ANADERA, Acting Secretary, Department of Justice, HON. MARGARITO B. TEVES, Secretary, Department of Finance, HON. ALBERTO G. ROMULO, Secretary, Department of Foreign Affairs, HON. RONALDO V. PUNO, Secretary, Department of Interior and Local Government, HON. MARIANITO D. ROQUE, Secretary, Department of Labor and Employment, and HON. JOSEPH ACE H. DURANO, Secretary, Department of Tourism, in their capacity as Ex-Officio MEMBERS CAAP Board of Directors; DEPARTMENT OF BUDGET AND MANAGEMENT (DBM); HON. ROLANDO C. ANDAYA, JR., in his capacity as Secretary of the Department of Budget and Management; CIVIL SERVICE COMMISSION (CSC); HON. CESAR D. BUENAFLOR and HON. MARY Z. FERNANDEZ-MENDOZA, in their capacity as Commissioners of the Civil Service Commission; EDUARDO E. KAPUNAN, JR., in his capacity as DeputyDirector General for Administrationof CAAP and as Chairman, CAAP Selection Committee; and ROLANDO P. MANLAPIG, in his capacity as Chairman, CAAP Special Selection Committee, Respondents.

"x x x.

The Court agrees with the postulation of the OGCC that the nullification of the assailed Authority Orders has become moot and academic considering that Director General Cusi already issued a Memorandum68 dated March 12, 2010, terminating the services of all the personnel appointed by Director General Ciron. An issue is said to have become moot and academic when it ceases to present a justiciable controversy so that a declaration on the issue would be of no practical use or value.69 The Court will therefore abstain from expressing its opinion in a case where no legal relief is needed or called for.70

Nevertheless, despite this moot issue and the presence of some procedural flaws in the instant petition, such as petitioner’s disregard of the hierarchy of courts and the non-exhaustion of administrative remedies, we deem it necessary to address the essential issues. It is in the interest of the State that questions relating to the status and existence of a public office be settled without delay.71

x x x."