GR L 20121; (November, 1968) (Digest)
G.R. No. L-20121 November 29, 1968
ALFREDO APAO, ROMEO APAO, RUDY BAYUTAS, TIRSO BONGATO, DEOGENES GENSON, ANDRES GRADO, PRIMO MASONG, SANTIAGO OLIDIANA and FELIX TAGALOG, petitioners, vs. HON. TITO V. TIZON, as Judge, Court of First Instance of Zamboanga del Sur, HON. VICENTE CERILLES, as Assistant Prov. Fiscal of Zamboanga del Sur, and HON. JAVIER ARRIOSA, as Prov. Governor and Jailer of Zamboanga del Sur, respondents.
FACTS
On or about January 28, 1960, petitioners and others were charged with double murder in the Justice of the Peace Court of Molave, Zamboanga del Sur. The complaint was dismissed upon motion of the Special Prosecutor on August 27, 1960. A second complaint for the same offense was filed against the same parties on July 10, 1962, in the same court. After arrest and waiver of preliminary investigation, the case was remanded to the Court of First Instance. Petitioners filed an urgent motion for bail on July 17, 1962. The respondent judge denied the motion on July 24, 1962, ruling it was premature as the Provincial Fiscal had not yet filed the corresponding information. A motion for reconsideration was denied. Petitioners urged the Provincial Fiscal to act so the court could consider the bail motion, but no information was immediately filed due to the Fiscal’s inability to confer with distant witnesses. Petitioners then filed this original petition for mandamus and habeas corpus. After the petition was given due course, the respondents filed their answers. A supplemental answer was filed by the respondent Assistant Provincial Fiscal on September 11, 1962, alleging that an information for double murder (Criminal Case No. 2073) had been filed on September 4, 1962, and praying for dismissal as the action had become moot. The Court issued a resolution on September 11, 1962, ordering the respondent judge or the justice of the peace to expeditiously hear and resolve the bail motion. The respondent judge set the hearing for September 13, 1962, and subsequently issued an order on September 28, 1962, denying the motion for bail in Criminal Case No. 2073.
ISSUE
Whether the petition for mandamus and habeas corpus has been rendered moot and academic.
RULING
Yes. The petition is dismissed for being moot and academic. The filing of the information in court and the subsequent hearing and denial of the motion for bail by the respondent judge rendered the issues in the petition moot. No costs.