March 1965 - Philippine Supreme Court Decisions/Resolutions
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G.R. No. L-20509 March 24, 1965 - LESME BAQUILOD, ET AL. v. MARCELO M. BOBADILLA, ET AL.:
EN BANC
[G.R. No. L-20509. March 24, 1965.]
LESME BAQUILOD, LEON PUNO, VICENTE TABINAS, ALEJANDRO ACCION, CATALINO GAYO and ELADIO BULA, Petitioners, v. THE HON. MARCELO M. BOBADILLA, Judge of the Court of First Instance of Samar, 13th Judicial District, Branch II; FRANCISCO ROSALES, AMANDO DALA, AQUILINO LACARTO, MARCOS ALIDO, FELICIANO TITONG and JOSE RAAGAS, Respondents.
Eugenio V. Obon, for Petitioners.
Juan L. Bocar, Jose A. Raagas and Victor A. Amasa for Respondents.
SYLLABUS
1. APPEAL; DISMISSAL THEREOF WHERE ISSUES RENDERED MOOT AND ACADEMIC; INSTANT CASE. — Where the terms for the positions subject of an election protest have expired and new elections have been held, and the parties, when required by the Court to show cause why the protest should not be dismissed, failed to comment thereon indicating acquiescence to the Court’s proposed action, a dismissal of the case is proper for the issues have become moot and academic.
D E C I S I O N
REYES, J.B.L., J.:
On November 17, 1964, this Court adopted in the above entitled case a minute resolution couched as follows:jgc:chanrobles.com.ph
"In L-20509, Lesme Baquilod, Et. Al. v. Hon. Marcelo Bobadilla, Et Al., the record showing that the case involves an election protest origination in the elections held in November of 1959, for the positions of municipal councilors of Borongan, Samar; and it appearing that the terms for said positions expired with the year 1963, and that new elections have been held in November of said year, the COURT RESOLVED to require the parties to show cause, within ten (10) days from receipt of a "copy of this resolution, why this case should not be dismissed.
The period fixed in said resolution has lapsed without any action from either party. This inaction is proof that both parties acquiesce with the proposed action in the resolution previously quoted. Indeed, since new elections have been held in 1963, all questions relating to the election in 1959 automatically become academic.
WHEREFORE, the issues in this case having become moot, the same is hereby dismissed, without pronouncement as to costs. So ordered.
Bengzon, C.J., Bautista Angelo, Concepcion, Barrera, Paredes, Dizon, Regala, Makalintal, Bengzon, J.P., and Zaldivar, JJ., concur.
"In L-20509, Lesme Baquilod, Et. Al. v. Hon. Marcelo Bobadilla, Et Al., the record showing that the case involves an election protest origination in the elections held in November of 1959, for the positions of municipal councilors of Borongan, Samar; and it appearing that the terms for said positions expired with the year 1963, and that new elections have been held in November of said year, the COURT RESOLVED to require the parties to show cause, within ten (10) days from receipt of a "copy of this resolution, why this case should not be dismissed.
The period fixed in said resolution has lapsed without any action from either party. This inaction is proof that both parties acquiesce with the proposed action in the resolution previously quoted. Indeed, since new elections have been held in 1963, all questions relating to the election in 1959 automatically become academic.
WHEREFORE, the issues in this case having become moot, the same is hereby dismissed, without pronouncement as to costs. So ordered.
Bengzon, C.J., Bautista Angelo, Concepcion, Barrera, Paredes, Dizon, Regala, Makalintal, Bengzon, J.P., and Zaldivar, JJ., concur.
