Administrative cases involving the discipline

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Unformatted text preview: ence of actual justiciable controversies or disputes, the Court generally opts to refrain from deciding moot issues. Where there is no more live subject of controversy, the Court ceases to have a reason to render any ruling or make any pronouncement. (Suplico v. NEDA, G.R. Nos. 178830, July 14, 2008) A: The constitutionality of certain rules may depend upon the times and get affected by the changing of the seasons. A classification that might have been perfectly alright at the time of its inception may be considered dubious at a later time. 1. Operative Fact Doctrine Q: What is meant by the operative fact doctrine? A: It is a rule of equity. Under this doctrine, the law is recognized as unconstitutional but the effects of the unconstitutional law, prior to its declaration of nullity, may be left undisturbed as a matter of equity and fair play. (League of Cities of the Philippines v. COMELEC, G.R. No. 176951, Nov. 18, 2008) Q: Will the invocation of this doctrine an admission that the law is unconstitutional? A: Yes. (League of Cities of the Philippines v. COMELEC, G.R. No. 176951, Nov. 18, 2008) Q: What are the functions of judicial review? A: 1. Checking – invalidating a law or executive act that is found to be contrary to the Constitution 2. Moot Questions Q: What are moot questions? 2. Legitimizing – upholding the validity of the law that results from a mere dismissal of a case challenging the validity of the law A: Questions whose answers cannot have any practical legal effect or, in the nature of things, cannot be enforced. (Baldo, Jr. v. COMELEC, G.R. No. 176135, June 16, 2009) Note: Rule on double negative: uses the term “not unconstitutional”; the court cannot declare a law constitutional because it already enjoys a presumption of constitutionality. 3. Symbolic – to educate the bench and bar as to the controlling principles and concepts on matters of grave public importance for the guidance of and restraint upon the future (Igot v. COMELEC, G.R. No. L‐352245, Jan. 22, 1980) Q: When is a case moot and academic? A: It is moot and academic when it ceas...
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This document was uploaded on 03/12/2014.

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