This case has been cited 1 times or more.
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2005-03-28 |
CHICO-NAZARIO, J. |
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| As articulated by the appellate court, the justification for this conclusion follows: …We shall abide by the general rule considering that whenever a government entity, which is either a party to or object of the action is abolished, the continuation of the proceedings would serve no useful purpose. In the instant case, what was abolished was a corporate entity, which was a juridical person just like government entities and similarly situated. There is no need for us here to lay down the governing principle in this case because no one would be affected by it anyway since the MKSE no longer exists.[19] Perhaps, more important, after the SEC En Banc had rendered the Order dismissing the appeal of the respondents on the ground that the disqualification of the respondents as members of the Board of Governors of the MKSE has become moot, petitioner did not appeal such adjudication by the SEC En Banc in due time. It is doctrinaire that a resolution dismissing a petition for being moot and academic resolves the issues raised in the pleadings, and upon attaining finality, becomes the law of the case and constitutes a bar to any relitigation of the same issues in any other proceedings under the principle of res judicata.[20] At best, the Motion to Dismiss filed by respondents before the SICD, its Order denying said motion, the subsequent motion for reconsideration filed by respondents and the Order of the trial court denying the motion, constitute trifling, if not bane, actions. | |||||