GR L 32799; (November, 1974) (Digest)
G.R. No. L-32799 November 13, 1974
LORENZO F. MIRAVITE, petitioner, vs. THE COMMISSION ON ELECTIONS, MANUEL LOCSIN and AMANIO SORONGON, respondents.
FACTS
Petitioner Lorenzo F. Miravite was a candidate for delegate in the Third District of Iloilo for the 1971 Constitutional Convention. He filed this petition for declaratory relief under Section 19 of Republic Act No. 6132, seeking judicial clarification on two legal uncertainties before filing an election protest. He alleged anomalies in the conduct of the election, canvassing, and counting of votes, which prejudiced his candidacy.
The conflict arose from two provisions of R.A. 6132. Section 6 stated the election of delegates shall be governed by the Revised Election Code, implying jurisdiction and periods under existing election laws. Conversely, Section 13 declared the Convention itself as the sole judge of the election, returns, and qualifications of its members, with power to adopt its own rules. This created confusion over the proper forum and the applicable prescriptive period for filing a protest.
ISSUE
The primary issue was whether the petition for declaratory relief presented a justiciable controversy requiring resolution by the Supreme Court.
RULING
The Supreme Court dismissed the petition as moot and academic. The legal logic is grounded in the requirement of an actual, ongoing controversy for judicial review. The Court noted the significant supervening events that had occurred since the petition was filed on November 17, 1970, following the November 10, 1970 election. The 1971 Constitutional Convention commenced on June 1, 1971, approved a proposed Constitution on November 29, 1972, and transmitted it. This proposed Constitution was subsequently ratified in a plebiscite from January 10 to 15, 1973, and came into force on January 17, 1973.
Consequently, the Constitutional Convention, which was the very body whose jurisdictional authority and rules were in question, had completely discharged its function and ceased to exist. With the dissolution of the Convention, any ruling on whether election protests should be filed with it under its own rules or with regular courts under the Election Code would be purely academic and without practical legal effect. The Court cannot issue advisory opinions or resolve questions that no longer have a live, concrete dispute. Therefore, the petition was dismissed for lack of a present, substantial controversy requiring adjudication.