Petition against Diño dismissed


THE Second Division of the Commission on Elections (Comelec) on Monday dismissed a petition to declare former Quezon City barangay (village) captain Martin Diño a nuisance candidate for President for being moot and academic.

The petition was filed motu propio or on its own by the Comelec law department, pursuant to Section 69 of the Omnibus Election Code.

The section allows cancelation of the COC of a candidate if the certificate has been filed to mock the election process or put it in disrepute, among other acts, which demonstrates that the candidate has no bona fide intention to run for the office for which the COC has been filed.

In dismissing the petition through a resolution, the Second Division cited as reason Dino’s statement of cancelation/withdrawal of his COC with the law department.

“With the foregoing development, the relief prayed for in the present petition has become moot and academic, that is, whatever judgment is reached can no longer have any practical legal effect or, in the nature of things, can no longer be enforced,” the resolution said.

No practical value
It added, “A moot and academic case is one that ceases to present justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical value.”

He resolution explained that the instances to exempt the petition from the rule that moot
and academic cases should be dismissed are absent in the case.

Among the exemptions are: grave violation of the Constitution; exceptional character of the situation and involvement of paramount public interest; and formulation of controlling principles to guide the bench, the bar and the public if a constitutional issue is raised.

Meanwhile, the Comelec, in another resolution, deputized the Department of Energy, the National Power Corp., the National Electrification Administration, the National Grid Corporation and the Local Electrification Cooperative to provide and maintain a stable power requirement in the whole country from May 2, 2016 until the end of the canvassing and proclamation of winning candidates.


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