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[G. R. No. 160029. September 7, 2004]

LONZANIDA vs. COMELEC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 7 2004 .

G. R. No. 160029 (Romeo D. Lonzanida vs. The Honorable Commission on Elections (First Division) and Juan L. Alvez .)

Before us is a petition for certiorari with prayer for the issuance of a temporary restraining order and a writ of preliminary injunction under Rule 65 of the Rules of Court. Petitioner Romeo D. Lonzanida seeks to annul the order dated October 3, 2003 of the First Division of the Commission on Elections (COMELEC) in EAC No. A-4-2003 entitled Juan L. Alvez us. Romeo D. Lonzanida. The assailed order directed petitioner to cease and desist from discharging his powers and duties as Municipal Mayor of the Municipality of San Antonio, Zambales and to relinquish the position to private respondent Juan L. Alvez.

On May 22, 2001, Alvez filed an election protest before the Regional Trial Court (RTC) of Iba, Zambales, Branch 70, docketed as EC No. RTC-62-1 against petitioner Lonzanida for the contested mayoralty seat of San Antonio, Zambales. The RTC upheld the proclamation of Lonzanida as the elected Municipal Mayor.

Alvez appealed the RTC decision to the COMELEC which granted the appeal and annulled Lonzanida's proclamation.

On September 3, 2003, Alvez filed a motion for execution while Lonzanida filed, on September 5, 2003, a motion for reconsideration of the COMELEC resolution.

On October 3, 2003, the COMELEC granted the motion for execution.

Petitioner now questions the legality of the COMELEC order requiring him to cease and desist from discharging the powers and duties of the mayor during the pendency of his motion for reconsideration.

Without giving due course to the petition, we issued a status quo ante order effective immediately, until further orders. We ordered the COMELEC, its agents, or any persons acting in its stead, to observe the status quo before the filing of the petition. We then ordered respondents to file their respective comments.

On October 24, 2003, the COMELEC filed its comment while private respondent Alvez filed his own on November 24, 2003. As we required, petitioner filed his reply on February 2, 2004.

Considering the allegations, issues and arguments adduced in the petition, comments and reply, we gave due course to the petition and required the parties to submit memoranda.

On April 2, 2004 and May 11, 2004 respectively, the COMELEC and the petitioner filed their memoranda.

In the meantime, however, national and local elections were held on May 10, 2004 and a new mayor was elected in the Municipality of San Antonio, Zambales, thus rendering this case moot and academic.

In view thereof, the petition is hereby DISMISSED.

Austria-Martinez and Carpio-Morales, JJ., on official leave.

Very truly yours.

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court

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