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EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 10 2004 .

G.R. No. 159942 (Besben Beb Y. Maquiso vs. Commission on Elections, Miguel P. Paderanga, Jojac Q. Asuncion, Ceferino L. Garcia, Jr. and Teresita Bollozos .)

On October 07, 2003, petitioner filed a petition for review on certiorari under Rule 65 of the Rules of Court, questioning the resolution dated September 18, 2003 of respondent COMELEC en banc in Election Protest Case No. 2001-3, which dislodged petitioner from the list of winning candidates for the position of city councilor of Gingoog City, Misamis Oriental, and proclaimed protestants as the winners thereof occupying the 8^th, 9^th and 10^th positions.

Without giving due course to the petition, we granted the temporary restraining order prayed for by petitioner and ordered respondents to file their comment.

On January 29, 2004, private respondent Teresita Bollozos filed her comment while the Office of the Solicitor General filed its comment on January 30, 2004. On February 24, 2004 public respondent COMELEC filed its own comment to the petition.

Because of the recently concluded national and local elections held on May 10, 2004, a new set of city councilors has been elected to office in Gingoog City, Misamis Oriental. Consequently, the instant case has become moot and academic.

In view thereof, the petition is hereby DISMISSED.

SO ORDERED.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court

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