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BIENVENIDO
P.
BUAN,
G.
R. No. L-28995
December
19, 1970
-versus-
NICOLAS
Y.
FELICIANO
FERNANDO,
J.:
A certiorari
and prohibition proceeding was filed
by petitioner Bienvenido P. Buan on May 10, 1968, the respondents being
Nicolas Y. Feliciano and the Honorable Arturo B. Santos, Judge of the
Court
of First Instance of Tarlac, Branch II. It was sought in such Petition
to declare that respondent Judge was devoid of jurisdiction to
entertain
or act on a counter-protest and motion to dismiss filed by respondent
Feliciano
and to issue a writ of certiorari annulling the order of respondent
Judge
of February 19, 1968 ordering the striking out of the answer of
respondent
Feliciano but refusing to dismiss his counter-protest on the ground of
the liberality of the law as well as a writ of prohibition commanding
respondent
Judge to desist from further entertaining or acting on such
counter-protest.
This Court, in a Resolution of May 14, 1968, required respondents to
answer
and at the same time issued a writ of preliminary injunction.
Subsequently,
on June 11, 1968, the answer was filed by respondents sustaining the
jurisdiction
of the Honorable Arturo B. Santos and seeking the dismissal of this
petition
for certiorari and prohibition.
As early as July 24, 1968, there was a motion to postpone filed by counsel for petitioner on the ground that respondent Nicolas Y. Feliciano died on July 10, 1968. Subsequently, on October 16, 1970, it was stated in a Resolution of this Court that information was received by it to the effect that petitioner Bienvenido P. Buan had likewise died in the meanwhile and requiring counsel to show cause, on the assumption that such information is true, why this case should not be dismissed as moot. Then came, on November 23, 1970, a motion to dismiss filed by counsel for petitioner manifesting that since petitioner and respondent Nicolas Y. Feliciano are both deceased, this proceeding should be dismissed as moot. WHEREFORE, this petition for certiorari and prohibition is hereby dismissed, having become moot. The writ of preliminary injunction issued on May 14, 1968 is hereby declared to be of no further force and effect. Without pronouncement as to costs. Reyes, J. B. L., Makalintal, Zaldivar, Castro, Teehankee, Barredo, Villamor and Makasiar, JJ., concur. Concepcion, C.J., and Dizon, J., are on leave. |
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