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LUIS MALALUAN v. COMELEC

This case has been cited 1 times or more.

2007-09-12
CHICO-NAZARIO, J.
The findings of the Court of Appeals in CA-G.R. SP No. 79937, affirmed by this Court in G.R. No. 169199, have rendered the present petition moot and academic.  It is a rule that is unanimously observed that courts of justice will take cognizance only of justiciable controversies wherein actual and not merely hypothetical issues are involved.[20]  A case becomes moot and academic when there is no more actual controversy between the parties and no useful purpose can be served in passing upon the merits.[21]  Since this Court, in affirming the said Decision of the Court of Appeals, already found it imperative for the Chief State Prosecutor to re-file the Informations against Samson for unfair competition, Criminal Case No. MC02-5019 should be re-opened and heard by the Mandaluyong RTC.   The rendering of a decision on the merits of this case would be of no practical value.   Hence, this case is dismissible.[22]