Petitioner: Atty. Evillo C. Pormento vs.

Respondent: Joseph “Erap” Estrada and COMELEC

G.R. no. 191988 August 31, 2010 Ponente: C.J. Corona

Topic: Executive Dept. - The President - Qualifications, Election, Term and Oath

Summary:
Petitioner filed a petition for disqualification against Erap Estrada when the latter ran as President for the
2010 elections. COMELEC Second Division and COMELEC en banc denied his petition, hence the instant
case. Since Estrada did not win the presidency, the Court dismissed the petition since it was rendered moot
by Estrada’s loss.

Facts:
Erap Estrada won the Presidency in 1988. In 2010, he once again ran for President. The petitioner opposed
Estrada’s candidacy and filed a petition for disqualification in 2010. The petition was denied by the
COMELEC Second Division. His subsequent Motion for Reconsideration was denied by COMELEC en
banc.

Hence the instant petition for certiorari which was filed on May 7, 2010. However, under the Rules of Court,
the filing of such petition would not stay the execution of the judgement, final order, of the resolution of the
COMELEC that is sought to be reviewed. Since the petitioner did not even pray for issuance of TRO / writ
of preliminary injunction, Estrada was still able to participate as a candidate in the 2010 general elections.

On May 10, 2010 general elections, Erap Estrada garnered the second highest number of votes. Since the
issue on the proper interpretation of the phrase “[t]he President shall not be eligible for any reelection?"
(Section 4, Article VII, 1987 Constitution) is hinged on actually being reelected as President, the court ruled
that there was no issue to be resolved in the case. The requisite for judicial review of “actual controversy”
is lacking.

Any discussion of Estrada’s “reelection” would be hypothetical and speculative. It will serve no useful or
practical purpose.

Issue: W/N Erap Estrada’s reelection for Presidency in the 2010 general elections is in violation of Section
4, Article VII, 1987 Constitution? - The Court DID NOT RULE on this issue since Estrada did not win the
Presidency

Dispositive Text:
Accordingly, the petition is denied due course and is hereby DISMISSED.

Notes:
Section 4, Article VII, 1987 Constitution
The President and the Vice-President shall be elected by direct vote of the people for a term of six years
which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at
noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No
person who has succeeded as President and has served as such for more than four years shall be qualified
for election to the same office at any time.