PORMENTO v.

ESTRADA
August 31, 2010 | Corona, CJ.
The President Qualification, Election, Term, and Oath
AKGL

DOCTRINE: The president shall not be eligible for any re-election.

CASE SUMMARY: Former President Estrada sought the presidency during the May 2010 elections.
Hence, the petition filed a petition contending that he violated the CONST. art. 7, sec. 4. Since,the
elections results showed that he only garnered the 2nd highest number of votes and that he was not
elected as president; hence, the case became moot and academic.

FACTS:
Joseph Erap Ejercito Estrada was elected as the Philiippine President during the May 1998
elections.
In the May 2010 elections, he was again seeking for the same position.
Petitioner filed a petition for disqualification before COMELEC; however, COMELEC 2ND division
and the COMELC En Banc denied the said petition.
In the mean time, he garnered the 2nd highest number of votes behind Aquino III.

ISSUE: WON the candidacy of Estrada for the presidency violated CONST. art 7, sec. 4? NO RULING

RULING:
Because of the occurrence of the subsequent events (i.e, the results of the May 2010 elections and
that he garnered only the 2nd highest number of votes), the case has been considered moot and
academic. It does not present an actual and justiciable issue anymore.
Also, the filing of certiorari petition would not stay the execution of the judgment, final order or
resolution of the COMELEC that is sought to be reviewed.

DISPOSITION: The petition is denied due course and is hereby DISMISSED.

NOTES:
Sec. 4, Art. 7, Constitution
xxxThe 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.xxx

Im not really sure about the lesson we should get from this case. Or ako lang yun?