Month: September 2015

Moot and academic question can also be considered by Court: Philippines Supreme Court.

The “moot and academic” principle is not a magical formula that automatically dissuades courts in resolving a case.

[Province of North Cotabato v. Government of the Republic of the Philippines Peace Panel on Ancestral Domain (GRP), G.R. No. 183591, October 14, 2008, 568 SCRA 402, 460.]

The Court may still take cognizance of an otherwise moot and academic case, if it finds that

(a) there is a grave violation of the Constitution;
(b) the situation is of exceptional character and paramount public interest is involved;
(c) the constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and
(d) the case is capable of repetition yet evading review.

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Bail in a Rape case

Rape case is generally presumed to be the case in which bail can not be granted at all. Matter gets worse when Courts make general observations about conditions and plight of women and proceed to refuse bail without referring to the facts of the case.

Conduct of complainant:

In one such case FIR was recorded in 2001, in which no allegation of rape was made and a case of misbehaviour u/s 506(2) was registered. No action was taken by complainant for a nearly a decade when she applied the court to add the charge of rape which was finally allowed in 2013.

Delay in addition of charge of rape:

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