Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1966 > November 1966 Decisions > G.R. No. L-22102 November 24, 1966 JUAN PARANPAN v. PERFECTO B. QUERUBIN, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-22102. November 24, 1966.]

JUAN PARANPAN, Petitioner, v. HON. PERFECTO B. QUERUBIN, HON. JESUS S. RODRIGUEZ, HON. WENCESLAO L. FERNAN, all in their capacity as Judge of the Court of First Instance of Iloilo and TERESA P. BUENDIA accompanied by her husband LEONCIO BUENDIA, Respondents.

Ricardo Gerochi for Petitioner.

G.D. Demaisip for Respondent.


SYLLABUS


1. CERTIORARI; QUESTION MOOT AND ACADEMIC. — Where the disputed position is no longer vacant because of the assumption of office of the duly elected mayor of Barotac Nuavo, Iloilo on January 1, 1964, the question as to who should succeed the then municipal mayor after he had filed his certificate of candidacy to another office, has become moot and academic.


D E C I S I O N


ZALDIVAR, J.:


In the general elections held in November 1959 Dr. Augusto Araneta was elected municipal mayor, Dr. Juan Bretania was elected municipal vice-mayor, Mr. Mariano Araneta was elected municipal councilor with the largest number of votes, Dr. Jugo Belmonte was elected municipal councilor with the second largest number of votes, and herein respondent Teresa Buendia was also elected municipal councilor with the third largest number of votes, in Barotac Nuevo, Iloilo. On September 13, 1963 Municipal Mayor Augusto Araneta filed a certificate of candidacy for the office of member of the provincial board of Iloilo; vice-mayor Juan Bretania filed a certificate of candidacy for the office of municipal mayor of Barotac Nuevo; Councilor Mariano Araneta filed a certificate of candidacy also for the office of municipal Mayor of Barotac Nuevo; and Councilor Jugo Belmonte filed a certificate of candidacy for the office of municipal vice-mayor of Barotac Nuevo. The certificates of candidacy filed by these four municipal officials of Barotac Nuevo were in connection with the general elections that would take place on November 11, 1963. These four incumbent municipal officials of Barotac Nuevo, each having filed a certificate of candidacy for an office other than the one he was actually holding, were thereby considered as having permanently resigned from office.

Herein respondent Teresa Buendia, being the municipal councilor that obtained the next largest number of votes after the two incumbent municipal councilors who were considered permanently resigned, as mentioned in the preceding paragraph, claimed the office of municipal mayor of Barotac Nuevo pursuant to the provisions of section. 7 of Republic Act 2264. Accordingly she took her oath of office as municipal mayor at midnight of September 13, 1963.

Also on September 13, 1963, then President Diosdado Macapagal designated herein petitioner Juan Paranpan as Acting Mayor of Barotac Nuevo, Iloilo, vice Mayor Augusto Araneta who had filed his certificate of candidacy for the office of member of the Provincial Board. *

On September 14, 1963, Buendia filed Civil Case No. 6393 in the Court of First Instance of Iloilo against Paranpan for injunction with a writ of preliminary injunction, alleging that Paranpan was threatening to occupy also the office of municipal mayor of Barotac Nuevo without any right whatsoever, and in violation of her right, and prayed, among others, that a writ of preliminary injunction be issued enjoining Paranpan from assuming the office of a municipal mayor. On the same day, respondent Judge Perfecto B. Querubin of the Court of First Instance, of Iloilo issued ex parte the writ of preliminary injunction prayed for, which writ was duly served on Paranpan. The latter, without having received a copy of the petition, filed an urgent motion, dated September 20, 1963, praying for the dissolution of the writ of preliminary injunction upon the ground that the same had been issued irregularly and without sufficient cause and that whatever rights might have been acquired by Buendia had lapsed upon his (Paranpan’s) appointment by the President. Buendia filed an opposition, and the motion was orally argued. On September 24, 1963, respondent Judge Jesus Rodriguez of the Court of First Instance of Iloilo denied the motion for the dissolution of the writ. On September 27, 1963, Paranpan filed a motion for reconsideration of the order of Judge Rodriguez denying the motion to dissolve the writ, which motion was denied by Judge Wenceslao L. Fernan, also of the Court of First Instance of Iloilo, on October 11, 1963.

On October 31, 1963, Paranpan filed the instant petition for certiorari with preliminary mandatory injunction before this Court, praying that judgment be rendered (1) declaring that respondent Judge Perfecto Querubin had acted with grave abuse of discretion in issuing ex parte the writ of preliminary injunction, (2) declaring that respondent Judge Jesus Rodriguez had acted with grave abuse of discretion in denying the motion for the dissolution of the writ, (3) declaring that respondent Judge Wenceslao Fernan acted with grave abuse of discretion in denying the motion for reconsideration of the order of Judge Jesus Rodrigues denying the motion for the dissolution of the writ of preliminary injunction — all in Civil Case No. 6393 of the Court of First Instance of Iloilo; and (4) that a writ of preliminary mandatory injunction be issued ex parte by this Court dissolving the writ of preliminary injunction issued in the lower court so that the status quo could be maintained pending the decision by this Court of the petition for certiorari. This Court gave the petition due course, but did not issue the writ of preliminary mandatory injunction prayed for.

Respondent Teresa B. Buendia filed before this Court her answer to the petition on December 7, 1963. This case was set for hearing on February 10, 1964, but nobody appeared for the parties. However, upon a motion made by telegram, the respondents were given a period of 20 days within which to submit a memorandum in lieu of oral argument. No memorandum appears in the record of this case.

This Court takes judicial notice that in the general elections of November 11, 1963, a new set of municipal officials had been elected for Barotac Nuevo, Iloilo, that respondent Buendia had ceased to occupy the office of municipal mayor of Barotac Nuevo because the person elected municipal mayor on November 11, 1963 had assumed office on January 1, 1964, and, therefore, no more vacancy in the office of municipal mayor of Barotac Nuevo can be claimed by petitioner Paranpan by virtue of his appointment as municipal mayor by the President of the Philippines. This case has become moot and academic.

WHEREFORE, the petition for certiorari with preliminary mandatory injunction in the present case is dismissed, without costs.

Concepcion, C.J., Zaldivar, Reyes, J.B.L., Barrera, Dizon, Regala, Makalintal, Bengzon, J.P., Sanchez and Castro, JJ., concur.

Endnotes:



* Editor’s Note: As verified from the original on file with the Supreme Court.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






November-1966 Jurisprudence                 

  • G.R. No. L-24320 November 12, 1966 CITIZENS LABOR UNION-CCLU v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-23250 November 12, 1966 NATIVIDAD TRINIDAD VDA. DE CARVAJAL v. MARIA NATIVIDAD FLORENCIA CORONADO, ET AL.

  • G.R. No. L-21865 November 12, 1966 NATIONAL POWER CORPORATION v. FELIPE GATUANGCO, ET AL.

  • G.R. No. L-21989 November 12, 1966 SHELL COMPANY OF THE PHILIPPINES v. FRANCISCO E. SANTOS, ET AL.

  • G.R. Nos. L-24762 L-24841, L-24854, L-24872 November 14, 1966 RICARDO ROSAL v. MANILA ELECTRIC COMPANY

  • G.R. No. L-22774 November 21, 1966 FRANCISCO JUSTINIANO v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-22282 November 21, 1966 MANUEL SUAREZ v. MUNICIPALITY OF NAUJAN, ORIENTAL MINDORO

  • G.R. No. L-18966 November 22, 1966 VICENTE BANTOTO, ET AL. v. SALVADOR BOBIS, ET AL.

  • G.R. No. L-18281 November 22, 1966 IN RE: TSE VIW v. REPUBLIC OF THE PHIL.

  • G.R. No. L-21270 November 22, 1966 PEOPLE OF THE PHIL. v. MANUEL DADIS

  • G.R. No. L-21058 November 23, 1966 ILOCOS NORTE ELECTRIC COMPANY, INC. v. MUNICIPALITY OF LAOAG, ET AL.

  • G.R. No. L-19075 November 23, 1966 ESTEFANIA DE GUZMAN v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. L-19716 November 23, 1966 HERMINIGILDO GUEVARA v. JOSE M. SANTOS

  • G.R. No. L-23239 November 23, 1966 MARTINIANO P. VIVO v. GAUDENCIO CLORIBEL

  • G.R. No. L-22676 November 23, 1966 B. J. SERVER v. EPIFANIA CAR

  • G.R. No. L-19407 November 23, 1966 JUANA SOBERANO, ET AL. v. MANILA RAILROAD COMPANY, ET AL.

  • G.R. No. L-19051 November 23, 1966 A. D. SANTOS, INC. v. ZOSIMO DABOCOL

  • G.R. No. L-23791 November 23, 1966 CHUNG TE v. NG KIAN GIAB, ET AL.

  • G.R. No. L-19495 November 24, 1966 COMMISSIONER OF INTERNAL REVENUE v. LILIA YUSAY GONZALES, ET AL.

  • G.R. No. L-22553 November 24, 1966 PEOPLE OF THE PHIL. v. URBANO DAMASO

  • G.R. No. L-18500 November 24, 1966 ARSENIO DE LA PAZ, ET AL. v. MARIO F. GARCIA, ET AL.

  • G.R. No. L-22102 November 24, 1966 JUAN PARANPAN v. PERFECTO B. QUERUBIN, ET AL.

  • G.R. No. L-20714 November 24, 1966 IN RE: HUI ENG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-23246 November 24, 1966 URBANO DE VENECIA, ET AL. v. AQUILINO DEL ROSARIO, ET AL.

  • G.R. No. L-21378 November 28, 1966 REPUBLIC FLOUR MILLS WORKERS ASSOCIATION v. ANDRES REYES, ET AL.

  • G.R. No. L-17125 November 28, 1966 BERNABE MIRASOL v. ANTONIO MAGSUCI, ET AL.

  • G.R. No. L-19633 November 28, 1966 PEOPLE OF THE PHIL., ET AL. v. EULOGIO MENCIAS, ET AL.

  • G.R. No. L-22000 November 29, 1966 ESTELITA BERNABE v. ANDRES BOLINAS, JR., ET AL.

  • G.R. No. L-15142 November 29, 1966 RAMON DUTERTE, ETC., ET AL. v. FLORENCIO MORENO. ET AL.

  • G.R. No. L-21018 November 29, 1966 IN RE: ALEJANDRO TAN TIU v. REPUBLIC OF THE PHIL.

  • G.R. No. L-18297 November 29, 1966 COMMISSIONER OF INTERNAL REVENUE v. CADWALLEDER PACIFIC COMPANY

  • G.R. No. L-19616 November 29, 1966 NEMESIA V. ALAMA v. MACAPANTON ABBAS, ET AL.

  • G.R. No. L-19667 November 29, 1966 COMMISSIONER OF INTERNAL REVENUE v. AMERICAN RUBBER COMPANY, ET AL.

  • G.R. No. L-20813 November 29, 1966 IN RE: JACINTO UY TIAN HUA, JR. v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20814 November 29, 1966 IN RE: CARMEN DY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-21108 November 29, 1966 REPUBLIC OF THE PHIL. v. LEONOR DE LA RAMA, ET AL.

  • G.R. No. L-24563 November 29, 1966 MILAGROS PACHECO RIVERA v. ARSENIO SANTOS

  • G.R. No. L-21352 November 29, 1966 ANTONIO J. VILLEGAS v. AUDITOR GENERAL, ET AL.

  • G.R. No. L-21582 November 29, 1966 TALISAY-SILAY MILLING CO., INC., ET AL. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-21917 November 29, 1966 CARLOS M. GURREA v. MANUELA RUIZ VDA. DE GURREA

  • G.R. No. L-22288 November 29, 1966 ASUNCION ABORDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-22526 November 29, 1966 PEDRO PACIS v. ALBERTO V. AVERIA, ET AL.