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    Defensor-Santiago v. Ramos

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    Sandy Marie David
    Miriam Defensor-Santiago filed an election protest after Fidel Ramos was declared president, but then she was elected to the office of senator and assumed that position. The court held that by assuming the office of senator, Santiago had effectively abandoned her election protest. The court dismissed the case as moot, saying that dismissal would enhance political stability and uncertainty about the presidential election results. Dismissal was also allowed under the rules if the protest was insufficient, untimely filed, or the filing fees were not paid.

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    Defensor-Santiago v. Ramos

    Uploaded by

    Sandy Marie David
    77 views1 page
    Miriam Defensor-Santiago filed an election protest after Fidel Ramos was declared president, but then she was elected to the office of senator and assumed that position. The court held that by assuming the office of senator, Santiago had effectively abandoned her election protest. The court dismissed the case as moot, saying that dismissal would enhance political stability and uncertainty about the presidential election results. Dismissal was also allowed under the rules if the protest was insufficient, untimely filed, or the filing fees were not paid.

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    Miriam Defensor-Santiago filed an election protest after Fidel Ramos was declared president, but then she was elected to the office of senator and assumed that position. The court held that by assuming the office of senator, Santiago had effectively abandoned her election protest. The court dismissed the case as moot, saying that dismissal would enhance political stability and uncertainty about the presidential election results. Dismissal was also allowed under the rules if the protest was insufficient, untimely filed, or the filing fees were not paid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    77 views1 page

    Defensor-Santiago v. Ramos

    Uploaded by

    Sandy Marie David
    Miriam Defensor-Santiago filed an election protest after Fidel Ramos was declared president, but then she was elected to the office of senator and assumed that position. The court held that by assuming the office of senator, Santiago had effectively abandoned her election protest. The court dismissed the case as moot, saying that dismissal would enhance political stability and uncertainty about the presidential election results. Dismissal was also allowed under the rules if the protest was insufficient, untimely filed, or the filing fees were not paid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Defensor-Santiago v.

    Ramos

    Facts: 

    After Fidel Ramos was declared President, defeated candidate Miriam Defensor-


    Santiago filed an election protest with the Presidential Electoral Tribunal (PET).
    Subsequently, while the case is pending, she ran for the office of Senator and,
    having been declared elected, assumed office as Senator.

    Issue:

    Was Santiago's election protest deemed abandoned with her election and
    assumption of office as Senator?

    Held:

    Yes. In assuming the office of Senator then, the Protestant has effectively
    abandoned or withdrawn this protest, or at the very least, abandoned
    her determination to protect and pursue the public interest involved in the matter of
    who is the real choice of the electorate. Such abandonment or withdrawal operates
    to render moot the instant protest. Moreover, the dismissal of this protest would
    serve public interest as it would dissipate the aura of uncertainty as to the results of
    the 1992 presidential election, thereby enhancing the all-to crucial political
    stability of the nation during this period of national recovery. It must also be
    stressed that under the Rules of the Presidential Electoral Tribunal, an election
    protest may be summarily dismissed, regardless of the public policy and public
    interest implications thereof, on the following grounds: (1) The petition
    is insufficient in form and substance; (2) The petition is filed beyond the periods
    provided in Rules 14 and 15 hereof; (3) The filing fee is not paid within the periods
    provided for in these Rules; (4) The cash deposit, or the first P 100,000.00 thereof,
    is not paid within 10 days after the filing of the protest; and (5) The petition or
    copies thereof and the annexes thereto filed with the Tribunal are not clearly
    legible. Other grounds for a motion to dismiss, e.g., those provided in the Rules of
    Court which apply in a suppletory character, may likewise be pleaded as
    affirmative defenses in the answer. After which, the Tribunal may, in its discretion,
    hold a preliminary hearing on such grounds. In sum, if an election be dismissed on
    technical grounds, then it must be, for a decidedly stronger reason, if it has become
    moot due to its abandonment by the Protestant. (Defensor-Santiago vs. Ramos,
    P.E.T. Case No. 001. February 13, 1996)

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