G.R. No. P.E.T. No. 004. August 16, 2016.
MANUEL A. ROXAS, Protestant, vs. JEJOMAR C. BINAY, Protestee.

FACTS

On June 9, 2010, protestee Jejomar C. Binay was proclaimed Vice President by the National Board of Canvassers after garnering 14,645,574 votes, defeating protestant Manuel A. Roxas who received 13,918,490 votes, a margin of 727,084. On July 9, 2010, Roxas filed an election protest praying for, among other reliefs: (1) a precautionary protection order for election materials; (2) a forensic analysis of the Automated Election System; (3) a random manual audit; (4) a manual revision of votes in contested precincts; (5) the annulment of Binay’s proclamation; and (6) his own proclamation as Vice President. Binay filed an Answer with Counter-Protest, alleging fraud in precincts favoring Roxas and moving to dismiss the protest for lack of jurisdiction. The Presidential Electoral Tribunal issued a precautionary protection order covering 76,340 clustered precincts. Subsequent proceedings involved preliminary conferences and COMELEC requests concerning the retrieval and use of ballot boxes for the 2013 elections. The Tribunal later noted that both parties had filed certificates of candidacy for President in the 2016 elections and directed them to express their interest in pursuing the case, but neither complied. Following the May 9, 2016 elections, Rodrigo R. Duterte and Ma. Leonor G. Robredo were proclaimed and assumed office as President and Vice President, respectively, on June 30, 2016.

ISSUE

Whether the election protest and counter-protest should be dismissed.

RULING

Yes. The Presidential Electoral Tribunal DISMISSED the protest and counter-protest on the ground of mootness. The term of the office of Vice President being contested expired at noon on June 30, 2016, and a new Vice President had assumed the office. The protest had thus become moot and academic. Any decision would have no practical or useful purpose and could not be enforced, rendering further proceedings an exercise in futility.