IN RE: JUICO, MARGARITA P. AND IN RE: RAMIREZ, ROGER C., ROGER C. RAMIREZ, PETITIONER, VS. HON. MARGARITA P. JUICO, CHAIRPERSON, PHILIPPINE CHARITY SWEEPSTAKES OFFICE (PCSO), RE…

Decisions / Signed Resolutions February 3, 2014 FOURTEENTH DIVISION


GALAPATE-LAGUILLES, J:


For this Court’s consideration is the Motion for Leave to Withdraw and to Withdraw Appeal dated February 3, 2014 (Motion to Withdraw Appeal for brevity) filed by petitioner Roger Ramirez.[1]

In his motion, Ramirez averred that the Philippine Charity Sweepstakes Office (PCSO) had been re-organized pursuant to GCG Memorandum Order No. 2013-21; that on September 2, 2013, PCSO General Manager issued a Special Order No. 2013-132 stating that Ramirez, among others, is designated as Officer-in-Charge effective July 22, 2013 with the position of Department Manager III for the Product Standard Development Department; and that in view thereof, the present case has become moot and academic, thus he prays for the withdrawal of this appeal.[2]

A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical value. As a rule, courts decline jurisdiction over such case, or dismiss it on ground of mootness.[3] There are however certain exceptions where the courts may decide moot and academic cases if: first, there is a grave violation of the constitution; second, the exceptional character of the situation and paramount public interest is involved; third, the constitutional issue raised requires formulation of controlling principles to guide the bench, the bar and the public; or fourth, the case is capable of repetition yet evasive of review.[4]

We have carefully scrutinized the instant petition and none of the aforestated exceptions can be found in this case.

WHEREFORE, in view of the foregoing premises, petitioner’s Motion to Withdraw Appeal is GRANTED. The instant petition is now considered CLOSED and TERMINATED.

SO ORDERED.

Librea-Leagogo, (Chairperson) and Diamante, JJ., concur.


[1] Rollo, p. 185-186

[2] Supra

[3] Constancio F. Mendoza, et al. v. Mayor Villas, et al., G.R. No. 187256, February 23, 2011, citing Gunsi,Sr. v. COMELEC, G.R. No. 168792, February 23, 2009, 580 SCRA 70, 76

[4] David v. Macapagal-Arroyo, G.R. Nos. 171396, 171409, 171485, 171483, 171400, 171489, 171424, May 3, 2006, 489 SCRA 160