G.R. No. 174668; September 12, 2007
MARLON T. SALES, Petitioner, vs. COMMISSION ON ELECTIONS, HON. CONRADO A. RAGUCOS, In his capacity as the Presiding Judge of Regional Trial Court, Branch 19, Bangui, Ilocos Norte, and THELMA BENEMERITO, Respondents.

FACTS

Petitioner Marlon T. Sales and respondent Thelma Benemerito were rival candidates for Mayor of Pagudpud, Ilocos Norte, in the 10 May 2004 elections. Sales was proclaimed winner. Benemerito filed an election protest before the Regional Trial Court (RTC), alleging that literate voters were improperly allowed to vote as illiterates. The RTC, after revision of ballots, issued an order on 27 July 2005 setting a hearing for Benemerito to present evidence on her claim, and a subsequent order on 16 August 2005 denying Sales’s motion for reconsideration. Sales challenged these RTC orders via a Petition for Certiorari before the Commission on Elections (COMELEC), alleging grave abuse of discretion.
The COMELEC dismissed Sales’s petition in a Resolution dated 7 June 2006 and denied his motion for reconsideration on 18 September 2006. Sales then elevated the matter to the Supreme Court via the instant Petition for Certiorari. While this petition was pending, the next national and local elections were held on 14 May 2007, and the newly elected officials assumed office on 1 July 2007.

ISSUE

Whether the Petition for Certiorari has been rendered moot and academic by the expiration of the contested term of office.

RULING

Yes, the petition is moot and academic. The Supreme Court dismissed the petition on the ground of mootness. The legal logic is anchored on the principle that courts will not adjudicate cases where no actual controversy exists or where no practical relief can be granted. Sales’s contested term as Mayor, stemming from the 10 May 2004 elections, expired on 30 June 2007. Both parties acknowledged this development. Consequently, a decision on the merits of the procedural issues raised regarding the RTC’s orders for a hearing would serve no practical legal purpose, as it could no longer affect Sales’s right to the mayoralty seat for that expired term.
The Court, citing established jurisprudence such as Malaluan v. COMELEC, emphasized that an election protest becomes moot upon the expiration of the term of the office contested, unless a decision on the merits retains practical value—which was absent here. The expiration of the term removed the justiciable controversy, rendering any ruling merely academic. Therefore, the Court declined jurisdiction and dismissed the petition.