ChanRobles Virtual law Library
[G.R. No. 145500.� July 21, 2004]
CARODAN vs. CARDONA
THIRD DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JUL 21 2004.
G.R. No. 145500 (Jose Carodan vs. Genaro Cardona and Hon. Orlando Beltran, Presiding Judge of the RTC, Branch XI, Tuao, Cagayan.)
R E S O L U T I O N
The petition for mandamus and prohibition subject of the present resolution prayed for the issuance of (a) a writ of restraining order or preliminary mandatory injunction commanding the Presiding Judge of the Regional Trial Court (RTC), Branch XI, Tuao, Cagayan to desist and refrain from deciding Election Protest Case No. 01-98-T, Dr. Genaro "Val" Cardona v. Jose "Pecos " Carodan; (b) an order directing the trial court to allow the revision of the torn ballots found in the ballot box for Precinct Nos. 22A & 23A, and of the ballots in Precinct No. 15A, and to request a handwriting expert from the National Bureau of Investigation to assist and help in the revision and reconstitution of the torn ballots; and (c) an order annulling the September 15, 2000 Report of the Chairman of the Committee on Revision and the October 5, 2000 Order denying the Motion for Reconsideration thereof. [1] cralaw
Petitioner Jose Carodan and private respondent Genaro Cardona were vice-mayoralty candidates in Sto. Ni�o, Cagayan during the May 11, 1998 elections.
A protest and counter-protest were filed by the parties before the RTC of Cagayan.
On May 12, 2000, petitioner filed a Motion for Authority to Force Open the Padlock of a ballot box of Precinct No. 15 A." [2] cralaw
On May 15, 2000, petitioner filed another motion, [3] cralaw this time "to annul or impugn the election results of Precinct Nos. 22A and 23A and to prosecute the members of the Board of Election Inspectors."
By Report [4] cralaw of September 15, 2000, Michael T. Calimag, Cagayan RTC Clerk of Court and Chairman of the Revision Committee, declared that, among other things, "the revision of the ballots contained inside the ballot boxes of the different precincts subject matter of the counter-protest of the [petitioner] is hereby terminated."
Petitioner moved to reconsider [5] cralaw the Clerk of Court's September 15, 2000 Report, but it was denied by Order [6] cralaw of October 5, 2000.
Hence, the petition at bar which was received by this Court on November 8, 2000.
The challenged term of office of the vice mayor - 1998 to 2001 expired even before the submission of the present petition for decision. [7] cralaw The petition must, accordingly, be dismissed for being moot and academic. [8] cralaw
WHEREFORE, the petition is DISMISSED.
SO ORDERED.
Very truly yours,
(Sgd.) JULIETA Y. CARREON
Clerk of Court
Endnotes:
[1] cralaw Rollo at 8-9.
[2] cralaw Id. at 11.
[3] cralaw Id. at 12-14.
[4] cralaw Id. at 16-20.
[5] cralaw Id. at 21-24.
[6] cralaw Id. at 25.
[7] cralaw The last pleading (Reply) was filed before this Court on May 13, 2002.
[8] cralaw Trinidad v. Commission on Elections, 315 SCRA 175, 184-185 (1999).
HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE
PHILIPPINE SUPREME COURT DECISIONS
QUICK SEARCH
