October 1975 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. L-26330 October 13, 1975 - GUACODS, INC. v. ALBERTO R. DE JOYA, ET AL.:
SECOND DIVISION
[G.R. No. L-26330. October 13, 1975.]
GUACODS, INC., Petitioner-Appellee, v. ALBERTO R. DE JOYA, as Acting Commissioner of Customs, and RUFINO G. HECHANOVA, as Secretary of Finance, plaintiff-intervenor-appellees, E. RAZON, INC., plaintiff-intervenor-appellee, THE ASSOCIATED WORKERS’ UNION, THE ASSOCIATED WATERFRONT SUPERVISORS’ UNION, ARRASTRE SECURITY ASSOCIATION and TERMINALS, INC., intervenors-appellees, INTERISLAND TERMINAL CORPORATION, Intervenor-Appellant.
SYNOPSIS
Before the lower court, Interisland Terminal Corporation questioned the provisional award to Guacods Inc. and E. Razon Inc. of the arrastre service contract in the Port of Manila for a six-month period starting May 1 and ending on October 27, 1966. It’s objection having been overruled, it appealed.
Thereafter, or on October 29, 1966, the operation of the arrastre service for a period of five years ending April 30, 1971 was finally awarded to Guacods Inc. and E. Razon Inc.
In view of this supervening circumstance, the Supreme Court dismissed the appeal for being moot and academic.
Thereafter, or on October 29, 1966, the operation of the arrastre service for a period of five years ending April 30, 1971 was finally awarded to Guacods Inc. and E. Razon Inc.
In view of this supervening circumstance, the Supreme Court dismissed the appeal for being moot and academic.
SYLLABUS
1. APPEALS; DISMISSAL THEREOF WHERE CASE BECOMES MOOT AND ACADEMIC. — Where a supervening circumstance occurs making moot and academic the appeal from the order of the lower court overruling an objection to the provisional award of an arrastre service contract, the same is to be dismissed.
R E S O L U T I O N
AQUINO, J.:
Interisland Terminal Corporation appealed on a legal question from the order of the Court of First Instance of Manila dated May 13, 1966, overruling its objection to the provisional award to Guacods, Inc. and E. Razon, Inc. of the arrastre service contract in the Port of Manila for a six-month period starting on May 1 and ending on October 27, 1966 (Civil Case No. 58466).
That trial operation of the arrastre service was later superseded by the award on October 29, 1966 to Guacods, Inc. and E. Razon, Inc. of the operation of the arrastre service for a period of five years which expired on April 30, 1971.
In view of that supervening circumstance, the Court in its resolution of July 9, 1975 required the parties to manifest whether the appeal in this case (submitted for decision on February 17, 19671 had become moot and academic.
Petitioner Guacods, Inc., intervenor-appellant Interisland Terminal Corporation, respondents-appellees Commissioner of Customs and Secretary of Finance, plaintiff and intervenor-appellee E. Razon, Inc. and intervenor-appellee Associated Workers’ Union manifested that the case had become moot.
Wherefore, the appeal is dismissed without costs. So ordered.
Barredo, (Actg. Chairman), Antonio, Muñoz Palma and Martin, JJ., concur.
Fernando and Concepcion, Jr., JJ., are on leave.
Muñoz Palma and Martin, JJ., were designated to sit in the Second Division.
That trial operation of the arrastre service was later superseded by the award on October 29, 1966 to Guacods, Inc. and E. Razon, Inc. of the operation of the arrastre service for a period of five years which expired on April 30, 1971.
In view of that supervening circumstance, the Court in its resolution of July 9, 1975 required the parties to manifest whether the appeal in this case (submitted for decision on February 17, 19671 had become moot and academic.
Petitioner Guacods, Inc., intervenor-appellant Interisland Terminal Corporation, respondents-appellees Commissioner of Customs and Secretary of Finance, plaintiff and intervenor-appellee E. Razon, Inc. and intervenor-appellee Associated Workers’ Union manifested that the case had become moot.
Wherefore, the appeal is dismissed without costs. So ordered.
Barredo, (Actg. Chairman), Antonio, Muñoz Palma and Martin, JJ., concur.
Fernando and Concepcion, Jr., JJ., are on leave.
Muñoz Palma and Martin, JJ., were designated to sit in the Second Division.
