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[G.R. No. L-16148. January 28, 1961. ]

BERNARDINO O. ALMEDA, Provincial Governor of Surigao, Petitioner, v. THE PROVINCIAL TREASURER OF SURIGAO, THE SECRETARY OF FINANCE OF THE REPUBLIC OF THE PHILIPPINES, JOSE SERING and JOSE RENDON as Members of the Provincial Board of Surigao, Respondents.

Almeda, Ravelo & Velante for Petitioner.

Solicitor General for Respondents.


REYES, J.B.L., J.:

The Provincial Governor of Surigao, Bernardino O. Almeda, filed the present petition for prohibition, with preliminary injunction, to enjoin respondents Jose Sering and Jose Rendon "from holding session of the provincial board without previous designation by the Provincial Governor as to who will be the presiding officer in case of the absence of the latter", and to prevent the respondent Provincial Treasurer from carrying into effect provincial board Resolutions Nos. 1661, 1662, 1663 and 1664 passed in the session held on October 5, 1959 by said respondents Sering and Rendon only.

We gave due course to the petition and, upon petitioner’s filing of a P500.00 bond, granted the prayer for the issuance of a writ of preliminary injunction.

Before the case could be considered on the merits, however, petitioner’s term of office expired on December 31, 1969, and another was elected and qualified as Provincial Governor.

Considering that the petition was brought by Bernardino O. Almeda alone, in his official capacity as the Provincial Governor of Surigao; that upon his cessation from office, the action may only be maintained by his successor in office, "if within thirty (30) days after the successor takes office it is satisfactorily shown to the court that there is a substantial need for so continuing and maintaining it" (Rule 3, sec. 18); and that the failure of the incumbent provincial governor to secure up to date the required substitution is evidence that the issues raised herein have become moot and academic.

The petition is dismissed, but without prejudice to the right of any other person or persons, not parties thereto and who may be adversely affected by the resolutions in questions, to bring the proper action, if any, to contest their validity. The writ of preliminary injunction, issued pursuant to our Resolution of November 2, 1959, is hereby ordered dissolved. Without pronouncement as to costs.

Bengzon, Padilla, Bautista Angelo, Labrador, Concepcion, Barrera, Gutierrez David, Paredes and Dizon, JJ., concur.

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