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[G.R. No. 128569.October 13, 1999]

LUCAS F. HERNANDEZ vs. LANZUELA

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 13, 1999.

G.R. No. 128569(Lucas F. Hernandez vs. Honorable Court of Appeals (Seventh Division), Edgar Pastoral, Sonny Prades, Gregorio Ordinario, Teodulo Guazon and Benhur Lanzuela.)

Petitioner was elected president of the Liga ng mga Barangay of Nabua, Camarines Sur, on June 28, 1994. As such, he automatically became an ex officio member of the Sangguniang Bayan of Nabua.

After a new set of municipal officials was elected during the 1995 local elections, the Liga convened and declared all Liga positions vacant. Petitioner was ousted; elected in his place was Perfecto Garbiles. The latter's election and assumption of office as ex officio member of the Sangguniang Bayan was supported by its presiding officer, private respondent Edgar Pastoral, and by its members, private respondents Sonny Prades, Gregorio Ordinario, Teodulo Guazon and Benhur Lanzuela.

Aggrieved, petitioner filed a petition for quo warranto and mandamus before the Regional Trial Court, assailing Garbiles' right to occupy the position of Liga president and seeking to compel private respondents to recognize him (petitioner) as the rightful representative of the Liga to the Sangguniang Bayan. The trial court granted the petition and ordered Garbiles to cease from exercising the functions of a member of the Sanggunian, and private respondents from recognizing him as such. The trial court likewise ordered private respondents to recognize petitioner as member of the Sanggunian.

Private respondents sought to have the order of the trial court annulled in a petition filed before the Court of Appeals, on the ground that the trial court did not make a categorical ruling that the election of the new officers of the Liga, including Garbiles, was null and void. The Court of Appeals ruled in favor of private respondents. It also denied petitioner's motion for reconsideration. Hence, the present petition for certiorari before this Court.

Section 494 of the Local Government Code provides that ex officio members of any Sanggunian "shall serve as such only during their term of office as presidents of the liga chapters which in no case shall be beyond the term of office of the sanggunian concerned." It is clear from this provision that petitioner's position in the Sangguniang Bayan, as ex officio member thereof, could not extend beyond that Sanggunian's own term from 1992 to 1995. Moreover, the term of office of the new local officials of Nabua elected in May 1995 expired in June 1998. The term of office of members of the Sanggunian, including the ex officio ones, also expired in June 1998, for the expiry of an ex officio member's term therein coincides with the expiration of the terms of office of regular members. (See Sec. 8, Art. 10, Constitution on the 3-year term of regular elective local officials.)

Thus, the term of the office being disputed in this case - an ex officio membership in the Sangguniang Bayan of Nabua - had long expired. This case, therefore, is already moot and academic.

WHEREFORE, the present petition is DISMISSED for being moot and academic.

SO ORDERED.Bellosillo, J., Chairman is on official leave.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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