exceptions to the moot and academic rule

even if the case has indeed been rendered moot, this Court can still pass upon the main issue. As We have pronounced in the case of Prof David v. Pres. Macapagal-Arroyo,^[26]

[T]he moot-and-academic principle is not a magical formula that automatically dissuades courts from resolving cases, because they will decide cases, otherwise moot and academic, if they find 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; or

(d) a case is capable of repetition yet evading review.^[27]

This Court, in Mattel, Inc. v. Francisco, et. al.,^[28] enumerated several cases where the exceptions to the moot-and-academic principle were applied; thus:

xxx in Constantino v. Sandiganbayan (First Division),^[29] Constantino, a public officer, and his co-accused, Lindong, a private citizen, filed separate appeals from their conviction by the Sandiganbayan for violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act. While Constantino died during the pendency of his appeal, the Court still ruled on the merits thereof, considering the exceptional character of the appeals of Constantino and Lindong in relation to each other; that is, the two petitions were so intertwined that the absolution of the deceased Constantino was determinative of the absolution of his co-accused Lindong.^[30]
In Public Interest Center, Inc. v. Elma,^[31] the petition sought to declare as null and void the concurrent appointments of Magdangal B. Elma as Chairman of the Presidential Commission on Good Government (PCGG) and as Chief Presidential Legal Counsel (CPLC) for being contrary to Section 13, Article VII and Section 7, par. 2, Article IX-B of the 1987 Constitution. While Elma ceased to hold the two offices during the pendency of the case, the Court still ruled on the merits thereof, considering that the question of whether the PCGG Chairman could concurrently hold the position of CPLC was one capable of repetition.^[32]

In David v. Arroyo,^[33] seven petitions for certiorari and prohibition were filed assailing the constitutionality of the declaration of a state of national emergency by President Gloria Macapagal-Arroyo. While the declaration of a state of national emergency was already lifted during the pendency of the suits, this Court still resolved the merits of the petitions, considering that the issues involved a grave violation of the Constitution and affected the public interest. The Court also affirmed its duty to formulate guiding and controlling constitutional precepts, doctrines or rules, and recognized that the contested actions were capable of repetition.^[34]

In Pimentel, Jr. v. Exec. Secretary Ermita,^[35] the petition questioned the constitutionality of President Gloria Macapagal-Arroyo 's appointment of acting secretaries without the consent of the Commission on Appointments while Congress was in session. While the President extended ad interim appointments to her appointees immediately after the recess of Congress, the Court still resolved the petition, noting that the question of the constitutionality of the President's appointment of department secretaries in acting capacities while Congress was in session was one capable of repetition.^[36]
In Atienza v. Villarosa,^[37] the petitioners, as Governor and Vice­ Governor, sought for clarification of the scope of the powers of the Governor and Vice-Governor under the pertinent provisions of the Local Government Code of 1991. While the terms of office of the petitioners expired during the pendency of the petition, the Court still resolved the issues presented to formulate controlling principles to guide the bench, bar and the public.^[38]

In Gayo v. Verceles,^[39] the petition assailing the dismissal of the petition for quo warranto filed by Gayo to declare void the proclamation of Verceles as Mayor of the Municipality of Tubao, La Union during the May 14, 2001 elections, became moot upon the expiration on June 30, 2004 of the contested term of office of Verceles. Nonetheless, the Court resolved the petition since the question involving the one-year residency requirement for those running for public office was one capable of repetition.^[40]

In Albaña v. Commission on Elections,^[41] the petitioners therein assailed the annulment by the Commission on Elections of their proclamation as municipal officers in the May 14, 2001 elections. When a new set of municipal officers was elected and proclaimed after the May 10, 2004 elections, the petition was mooted but the Court resolved the issues raised in the petition in order to prevent a repetition thereof and to enhance free, orderly, and peaceful elections.^[42]

Additionally, in Arvin R. Balag v. Senate of the Philippines,^[43] We likewise mentioned the following cases:

xxx in Republic v. Principalia Management and Personnel Consultants, Inc.,^[44] the controversy therein was whether the Regional Trial Court (RTC) had jurisdiction over an injunction complaint filed against the Philippine Overseas Employment Administration (POEA) regarding the cancellation of the respondent's license. The respondent then argued that the case was already moot and academic because it had continuously renewed its license with the POEA. The Court ruled that although the case was moot and academic, it could still pass upon the main issue for the guidance of both bar and bench, and because the said issue was capable of repetition.

xxx in Regulus Development, Inc. v. Dela Cruz,^[45] the issue therein was moot and academic due to the redemption of the subject property by the respondent. However, the Court ruled that it may still entertain the jurisdictional issue of whether the RTC had equity jurisdiction in ordering the levy of the respondent's property since it posed a situation capable of repetition yet evading judicial review.

Based on these precedents, the Court has the duty to formulate guiding and controlling constitutional precepts, doctrines or rules. It has the symbolic function of educating the bench and the bar, and in the present petition, the parties involved, on the application of the constitutional provisions allegedly violated vis-a-vis the printing and issuance of the INC commemorative stamps. There is no question that the issues being raised affect the public interest, involving as they do, the alleged misuse of public funds and the non-establishment clause which is one of the constitutional guarantees of freedom of religion. This petition calls for a clarification of constitutional principles. Perforce, there is a need to adjudicate the instant case.