G.R. No. L-20117




Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-20117 July 15, 1966 RESTITUTO TUANDA, petitioner and appellant, vs. SIMPLICIO DIONALDO, and the COURT OF APPEALS, respondents and appellees. Ambrosio Padilla Law Offices for petitioner and appellant. Antonio P. Dionaldo and Jose Navarro for respondents and appellees. R E S O L U T I O N REGALA, J.: This is a petition to review a decision of the Court of Appeals. In the elections of November 10, 1959, Simplicio Dionaldo was proclaimed mayor-elect by the Municipal Board of Canvassers of the municipality of Jimalalud, Negros Oriental, for having obtained 1,372 votes as against 1,356 votes for Restituto Tuanda, his rival. In due time, the latter filed an election protest contesting the said proclamation. After trial by the Court of First Instance of the province, the protestee was declared the duly elected mayor winning over the protestant by plurality of six votes. From this judgment the protestant appealed to the Court of Appeals. After a review of the case, the Court of Appeals affirm the judgment of the trial court declaring the protestee as the winner, with the modification, however, that protestee won over the protestant with majority of only two votes. Not satisfied, the protestant Restituto Tuanda brought this instant petition. The main question raised in this case is who, between the protestant and the protestee, should be declared the winner during the elections of November 10, 1959, for the mayoralty position in the municipality of Jimalalud, Negros Oriental. Considering that the term of office of all local official elected in the November 1959 elections had expired on December 30, 1963, there is no need to resolve the issue and to make a pronouncement as to who should have been declared the mayor-elect. This case has become moot and academic.1äwphï1.ñët Wherefore, the petition is hereby dismissed. No costs. Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, Sanchez and Castro, JJ., concur. The Lawphil Project - Arellano Law Foundation