G.R. No. 214593 - Santos vs. Santos

Private respondent Joseph “Erap” Ejercito Estrada was elected President in May 11, 1998 general elections.
In anticipation of the May 10, 2010 elections, petitioner Atty. Evillo C. Pormento filed a petition for Estrada’s disqualification before the COMELEC, invoking Section 4, Article VII of the 1987 Constitution (“the President shall not be eligible for any reelection”).
The Second Division of the COMELEC denied the petition by Resolution dated January 10, 2010, and the COMELEC en banc likewise denied the motion for reconsideration by Resolution dated May 4, 2010.

Petitioner elevated the matter to this Court via a petition for certiorari under Rule 65, filed May 7, 2010, without seeking a temporary restraining order or preliminary injunction; under Rule 64, no automatic stay issued.
Estrada was able to run in the May 10, 2010 elections, placed second in the count, and was not proclaimed President; Benigno S.C. Aquino III won the presidency.
In light of these events, no live controversy remains as the question of Estrada’s “reelection” cannot affect any party’s legal rights or confer any relief.

Whether Joseph Estrada, having previously served as President, is barred by the constitutional ban on “any reelection” under Section 4, Article VII of the 1987 Constitution.
Whether the petition presents an actual case or controversy such that this Court may exercise judicial review, or whether it has become moot and non-justiciable.