Practice question
A challenged fee regulation is repealed during litigation, but the government retains amounts already collected. A properly pleaded and otherwise justiciable refund claim depends on the regulation’s validity and remains unresolved. Respondents argue the entire case is moot solely because future collection ended. Which assessment is best?
- Repeal automatically extinguishes every accrued refund claim
- Every repealed rule requires an abstract advisory opinion
- The court must ignore all remaining relief
- The court must examine the live refund relief; repeal alone does not establish that decision has lost every practical effect
- No monetary claim can present a live legal controversy
Legal references
- Foundation for Economic Freedom v. ERC, G.R. No. 214042 et al., August 13, 2024, main decision: https://lawphil.net/judjuris/juri2024/aug2024/gr_214042_2024.html; definition of mootness.
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VIII, Section 1.
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