SC throw away protests of Roxas, Binay over 2010 polls
The Supreme Court on Tuesday dismissed the election protest of former presidential candidate Manuel “Mar” Roxas II and the counter-protest of former Vice President Jejomar Binay in connection with the 2010 vice presidential race.
Sitting as the Presidential Electoral Tribunal (PET), the high court dismissed the case on the ground of “mootness” as it noted that both candidates filed their presidential bid for the 2016 polls. “Thus, they were directed by the Tribunal to move in the premises by expressing their interest to pursue the case. To date, neither party has done so,” the PET said.
“With the assumption of Vice President Maria Leonor ‘Leni’ Robredo the tenure of the office being contested herein by Roxas and Binay had expired. As such we are constrained to dismiss the instant protest which has been rendered moot by the recent turn of events,” the PET added. PET explained that “it is a settled jurisprudence that courts refrained from deciding moot cases since any decision that may be rendered will have no practical or useful purpose and therefore, cannot be enforced.”
“Indeed it will be an exercise in futility for the Tribunal to conduct a revision and engage in academic discussion in order to determine who really won as vice president in the 2010 elections, when it would not bring any practical value and purpose for the parties,” it added. The PET last acted on the case in October last year when it took note of Binay’s motion to dismiss the protest due to abandonment by Roxas of the case.
Binay said then that his rival appeared to be no longer interested in pursuing the case after he failed to pay the required filing fee of P166,635,000.
Roxas filed a protest against Binay claiming that there was a high incidence of null and misread votes in the certificates of canvass in all precincts nationwide especially in his bailiwicks Regions 6, 7 and Caraga. Binay beat Roxas by a 727, 084 vote margin.