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[G.R. No. 146317.August 28, 2001]
TORRALBA vs. COMELEC et al.
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated AUG 28 2001.
G.R. No. 146317(Jose V. Torralba v. Commission on Elections and Dan N. Lim.)
Petitioner Jose V. Torralba and private respondent Dan N. Lim were mayoralty candidates for the City of Tagbilaran during the May 11, 1998 elections. On May 13, 1998, the City Board of Canvassers proclaimed Torralba as the winning candidate. Claiming that irregularities attended the counting and canvassing of votes, Lim filed an election protest with the COMELEC on May 22, 1998.
In a Resolution dated February 10, 2000, the COMELEC's Second Division annulled and set aside the proclamation of Torralba and declared Lim as the duly elected Mayor of Tagbilaran City. 1 Annex "A", Rollo, p. 91.Torralba filed a Motion for Reconsideration with the COMELEC En Banc, which, however, was denied in a Resolution dated December 12, 2000. 2 Annex "B", Rollo, p. 273.Unsatisfied, Torralba filed before this Court the instant petition for certiorari.
The term of office for local officials elected during the elections last May 11, 1998 expired on June 30, 2001. In the May 14, 2001 elections, petitioner Torralba and private respondent Lim were again candidates for the position of mayor of Tagbilaran City. Torralba won, and has since been proclaimed as the duly elected mayor of Tagbilaran city.
ACCORDINGLY, the instant petition is DISMISSED for being moot and academic.
Very truly yours,
LUZMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D.VILLARAMA
Asst. Clerk of Court
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