G.R. No. L-21997; May 27, 1965
JOSE C. ZULUETA, in his capacity as Governor of Iloilo, as a Private Citizen, and/or Taxpayer, petitioner, vs. COMMISSION ON ELECTIONS, respondent.

FACTS

On July 19, 1961, the Office of the President issued an Unnumbered Provincial Circular ordering the disbanding of Secret, Confidential and/or Special Agents of Provincial Governors who were with or without nominal compensations only, and to desist from appointing such agents. On October 15, 1963, the Commission on Elections (COMELEC), invoking its constitutional duty to maintain free, orderly, and honest elections, passed a Resolution adopting the contents of said Circular. The COMELEC Resolution further ordered the confiscation of firearms issued to or in the possession of such agents appointed by provincial governors, city mayors, or municipal or district mayors, and commissioned the Philippine Constabulary for its enforcement. Petitioner Jose C. Zulueta, then Governor of Iloilo, filed a petition for Certiorari, Prohibition, and Injunction with Preliminary Injunction, claiming the Resolution was unconstitutional, illegal, arbitrary, and a denial of due process. He argued it would deprive him of his power to maintain peace and order, and noted that the Unnumbered Circular was already the subject of a civil case (Civil Case No. 6406) in the CFI of Iloilo where an injunction had been issued restraining the Provincial Commander from enforcing it, yet the COMELEC Resolution directed the PC to do just that. The COMELEC, in its Answer, defended the Resolution as a valid exercise of its constitutional powers based on an executive order and the factual menace such agents posed to elections.

ISSUE

Whether the petition for Certiorari, Prohibition, and Injunction challenging the constitutionality and legality of the COMELEC Resolution adopting the Unnumbered Provincial Circular and ordering the confiscation of firearms from special agents should be granted.

RULING

The petition is dismissed. The Supreme Court declared the issues raised in the case moot and academic. The Court noted that in the 1963 elections, petitioner Jose C. Zulueta lost his bid for re-election as Governor of Iloilo. It further observed that no other person in a similar situation had attempted to impugn the COMELEC Resolution, indicating that only Zulueta objected to it. Consequently, further elucidation of the issues would no longer serve any practical or useful purpose. The petition for Certiorari, Prohibition, Injunction with Preliminary Injunction was dismissed without pronouncement as to costs.