GR 176135; (June, 2009) (Digest)
G.R. No. 176135 , June 16, 2009
CARLOS IRWIN G. BALDO, JR., Petitioner, vs. COMMISSION ON ELECTIONS, THE MUNICIPAL BOARD OF CANVASSERS OF CAMALIG, ALBAY and ROMMEL MUÑOZ, Respondents.
FACTS
Petitioner Carlos Irwin G. Baldo, Jr. and respondent Rommel Muñoz were candidates for municipal mayor of Camalig, Albay in the May 10, 2004 elections. During the canvass, Baldo objected to the inclusion of 26 Election Returns (ERs) from various precincts on grounds including lack of inner seal, lack of material data, lack of signatures, lack of signatures and thumbmarks of BEI members on the envelope, lack of the poll clerk’s name and signature, lack of votes in words and figures, and preparation under duress. The Municipal Board of Canvassers (MBOC) overruled the objections and included the ERs. Baldo appealed to the COMELEC (SPC Case No. 04-087). Despite the pending appeal, the MBOC proclaimed Muñoz as the winning mayor on May 19, 2004. The COMELEC First Division, in a Resolution dated September 12, 2006, dismissed Baldo’s appeal and ordered the MBOC to include the contested ERs in the official tally and proclaim the winning candidate. The COMELEC En Banc affirmed this with modification in a Resolution dated January 8, 2007. Baldo filed the instant Petition for Certiorari. While the petition was pending, the May 14, 2007 elections were held, and Baldo won and assumed office as mayor by July 1, 2007, meaning the term of office being contested had expired on June 30, 2007.
ISSUE
Whether the Petition for Certiorari, which seeks to review the COMELEC Resolutions ordering the inclusion of contested Election Returns in the canvass for the May 2004 mayoralty elections, has been rendered moot and academic due to the expiration of the term of office being contested.
RULING
Yes, the Petition is dismissed for being moot. The Court held that a case becomes moot when there is no more actual controversy or no useful purpose can be served by a decision. Since the term of office for municipal mayor of Camalig, Albay contested in the 2004 elections expired on June 30, 2007, and petitioner Baldo is currently serving as mayor having won in the 2007 elections, the petition is moot. No practical relief can be granted, as even if the Court ruled in Baldo’s favor, it would be an empty victory as he could no longer assume the 2004-2007 term. The Court, following precedents such as Malaluan v. COMELEC and Garcia v. COMELEC, declines jurisdiction over moot cases.