Borre v. Maravilla

A.M. No. P-909 · 1977-08-26 · J. FERNANDEZ, J.: · Primary: Ethics
REITERATION

Facts

The Antecedents: Calvin R. Borre filed a sworn letter-complaint against Benjamin Maravilla, then Deputy Sheriff at Davao City, for "serious insinuations to extort, intimidations in the performance of duty, dishonesty, oppression, abuse of authority and backsliding ..." Procedural History: The complaint was referred to the respondent for comment. A tracer sent to the respondent's former office in Laoag City was sent to the wrong address. It was noted that in a separate administrative matter (A.M. No. P-1), the respondent Benjamin Maravilla had already been dismissed from the service. The Petition: The complainant Calvin R. Borre prayed for the removal of the respondent from office. The objective of the administrative complaint was deemed achieved by the respondent's prior dismissal from service in A.M. No. P-1.

Issue(s)

Whether the administrative complaint has become moot and academic. Whether further action is necessary on the administrative complaint.

Ruling

The Supreme Court dismissed the administrative matter for having become moot and academic. No further action was deemed necessary.

Ratio Decidendi

On Whether the administrative complaint has become moot and academic: The Court held that the administrative complaint was moot and academic because the respondent, Benjamin Maravilla, had already been dismissed from service in a prior administrative matter, A.M. No. P-1. This prior dismissal achieved the complainant's prayer for the removal of the respondent from office. Since the objective of the complaint was already met, and no government money was involved, the Court found no necessity for further proceedings in the present case. The Court's resolution in A.M. No. P-1 effectively rendered the current complaint moot. On Whether further action is necessary on the administrative complaint: The Court determined that no further action was necessary. The primary objective of the complainant, which was the removal of the respondent from office, had already been accomplished through the respondent's dismissal in A.M. No. P-1. The Court's mandate is to address justiciable controversies, and in this instance, the controversy had ceased to exist due to supervening events. Therefore, proceeding with the current complaint would be superfluous and would not serve any practical purpose.

Main Doctrine

The Supreme Court dismissed the administrative complaint against Benjamin Maravilla, a former Deputy Sheriff, for being moot and academic. This was because Maravilla had already been dismissed from service in a prior administrative matter (A.M. No. P-1), which achieved the complainant's prayer for removal from office. The Court found no further action necessary as no government money was involved and the primary objective of the complaint was already met.

Access audio review, related cases, codal links, and more.

Open LexMatePH →