Practice question
A national emergency proclamation is lifted while petitions challenging its constitutional basis are pending. Petitioners show serious constitutional questions affecting assembly and press freedom, an exceptional matter of public concern, a need for authoritative limits on emergency action, and a prospect that the challenged conduct will recur. Respondents argue that lifting alone forecloses any ruling. Which response is best?
- Lifting conclusively validates everything done under the proclamation.
- The court must reenact the proclamation before deciding.
- The supported mootness exceptions permit consideration despite lifting, while the merits still require legal analysis.
- The petitioners automatically win all damages claims.
- Only Congress may identify whether a judicial case is moot.
Legal references
- David v. Macapagal-Arroyo, G.R. No. 171396 et al., May 3, 2006, mootness discussion, https://lawphil.net/judjuris/juri2006/may2006/gr_171396_2006.html
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