Courts will decide a question otherwise moot and academic if it is capable of repetition, yet evading review. - G.R. No. 205136

See - G.R. No. 205136

G.R. No. 205136               

December 2, 2014 

OLIVIA DA SILVA CERAFICA, Petitioner, 

vs. COMMISSION ON ELECTIONS, Respondent.

"x x x.

At the outset, we note that a verification with the Comelec database yields the finding that Olivia was not among the official candidates14 for the 2013 Elections and, thus, was not voted for.15 As such, a ruling on the present petition would no longer be of practical use or value. Even if we were to resolve the petition for the purpose of determining Olivia’s legal status as a legitimate and qualified candidate for public office, such purpose has been rendered inconsequential as a result of the proclamation of the winning councilors for the 2013 elections.16

Be that as it may, the Court deems it opportune to address the merits of the case, if only to caution the Comelec against the precipitate cancellation of COCs.

In Albaña v. Comelec,17 we held that where the issues have become moot and academic, there is no justiciable controversy, thereby rendering the resolution of the same of no practical use or value. Nonetheless, courts will decide a question otherwise moot and academic if it is capable of repetition, yet evading review. In this case, we find it necessary to resolve the issues raised in the petition in order to prevent a repetition thereof and, thus, enhance free, orderly, and peaceful elections.

x x x."