Monday, September 24, 2012

A CASE BECOMES MOOT AND ACADEMIC ONLY WHEN THERE IS NO MORE ACTUAL CONTROVERSY BETWEEN THE PARTIES OR NO USEFUL PURPOSE CAN BE SERVED IN PASSING UPON THE MERITS OF THE CASE [Tantoy, Sr. v. Abrogar, G.R. No. 156128, 9 May 2005, 458 SCRA 301, 305].


The instant case is not moot and academic, despite the petitioner’s separation from government service.   Even if the most severe of administrative sanctions - that of separation from service - may no longer be imposed on the petitioner, there are other penalties which may be imposed on her if she is later found guilty of administrative offenses charged against her, namely, the disqualification to hold any government office and the forfeiture of benefits. (Pagano v. Nazarro, Jr., OFFICE OF THE OMBUDSMAN VS. ULDARICO P. ANDUTAN, JR., G.R. NO. 16467, JULY 27, 2011, BRION, J.).  

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.