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[G.R. No. L-20117. July 15, 1966.]

RESTITUTO TUANDA, Petitioner-Appellant, v. SIMPLICIO DIONALDO, and THE COURT OF APPEALS, Respondents-Appellees.

Ambrosio Padilla Law Offices for Petitioner-Appellant.

Antonio P. Dionaldo and Jose Navarro for Respondents-Appellees.


1. ELECTION PROTEST; WHEN ISSUE BECOMES MOOT. — Where the only issue in the appeal from the decision of the Court of Appeals, affirming the judgment of the lower court, is who between the protestant and the protestee should be declared the winner in the electoral contest to the position of mayor, in the elections of November 10, 1959, considering that the term of such office had expired on December 30, 1963, the case may already be dismissed, it having become moot and academic.



This is a petition to review a decision of the Court of Appeals in an election case.

In the election 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 a 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 affirmed the judgment of the trial court declaring the protestee as the winner, with the modification, however, that protestee won over the protestant with a majority of only two votes. Not satisfied, the protestant Restituto Tuanda brought the 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 officials 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.

WHEREFORE, the petition is hereby dismissed. No costs.

Concepcion, C.J., J.B.L. Reyes, Dizon, Makalintal, J.P. Bengzon, Zaldivar, Sanchez and Castro, JJ., concur.

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