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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWIV. JUDICIAL DEPARTMENTB. Judicial Review2. Exceptionsb. Moot Questions

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Question

Question 2: Exceptions on Moot Questions

In a criminal case, the accused was charged with a violation of a specific provision of the Revised Penal Code. The case underwent trial and, during the pendency of the proceedings, the law governing the said provision was declared unconstitutional by the Supreme Court. Subsequently, the accused filed a motion to dismiss the case, arguing that the declaration of unconstitutionality rendered the charge against him moot and academic. The prosecution opposed the motion, asserting that even though the law was declared unconstitutional, the accused's acts still violated other existing laws.

Based on the above scenario, discuss the following:

  1. What is the concept of mootness in legal proceedings?
  2. Does the declaration of unconstitutionality of a law automatically render a criminal case involving that law moot and academic? Explain.
  3. Are there any exceptions to the doctrine of mootness? If so, how do these exceptions apply in the given scenario?

Answer

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