Alunan III v. Mirasol

Alunan III v. Mirasol
GR No. 108399
July 31, 1997

Facts:
The Local Government Code of 1991, which took effect on January 1, 1992, provided that there should be a Sangguniang Kabataan (SK) in every barangay. It also stated that the first elections for the SK shall be held thirty days after the next local elections. Under the said code, the first local elections were held on May 11, 1992. However, because of postponements, the SK election was scheduled only on December 4, 1992. Naturally, registration in Manila was conducted, but on September 18, 1992, the Department of Interior and Local Government (DILG) through then secretary Rafael M. Alunan III issued a letter-resolution that exempted Manila from holding the elections on the ground that the elections held on May 26, 1990 were to be considered the first under the Local Government Code.

While the case is still under review by the Supreme Court, a second election occurred, held on May 13, 1996.

Issue:
Will the holding of the second elections render the case moot and academic?

Ruling:
No. It has been held that the courts will decide a question otherwise moot and academic if it is capable of repetition yet evading review. In this case, the question of whether the COMELEC can validly vest their control and supervision of the SK elections to the DILG is very likely to arise again in subsequent elections.