TATAD V. COMMISSION ON APPOINTMENTS (CONSTI, REM)

Despite the supervening resignation from post of former VP Teofisto Guingona as Ambassador Extraordinary and Plenipotentiary, Tatad prayed that COA's consent be declared as void from the beginning on the ground that the appointment was contrary to law and public policy because he was already beyond 70 years old at that time, as RA 7157 (Phil Foreign Service Act of 1991) prohibits appointments of those beyond 70 years old to ambassadorial posts. Tatad insisted that the resignation did not render the case moot as there must be a continuing determination of those responsible for the illegal act.

Tatad is mistaken. AN ISSUE BECOMES MOOT AND ACADEMIC WHEN IT CEASES TO PRESENT A JUSTICIABLE CONTROVERSY. In such a case, there is no actual substantial relief which a petitioner would be entitled to and which would be negated by the dismissal of the petition. SC has consistently held that courts will not determine a moot question in a case in which no practical relief will be granted.

As the present case lacks an actual controversy, any resolution of the issues preseted would not result in an adjudication of the rights of the parties, but would take the nature merely of an advisory opinion. COURTS ARE CALLED UPON TO RESOLVE ACTUAL CASES AND CONTROVERSIES, NOT TO RENDER ADVISORY OPINIONS.