G.R. No. L-28995 December 19, 1970
Bienvenido P. Buan, petitioner, vs. Nicolas Y. Feliciano and Hon. Arturo B. Santos, Judge of the Court of First Instance of Tarlac, Branch II, respondents.

FACTS

Petitioner Bienvenido P. Buan filed a petition for certiorari and prohibition on May 10, 1968, seeking to declare that respondent Judge Arturo B. Santos lacked jurisdiction to act on a counter-protest and motion to dismiss filed by respondent Nicolas Y. Feliciano. The petition also sought to annul the respondent Judge’s order of February 19, 1968, which struck out Feliciano’s answer but refused to dismiss his counter-protest, and to prohibit the Judge from further acting on the counter-protest. This Court issued a resolution on May 14, 1968, requiring respondents to answer and issuing a preliminary injunction. Respondents filed their answer on June 11, 1968, sustaining the court’s jurisdiction and seeking dismissal of the petition. Subsequently, counsel for petitioner filed a motion to postpone on July 24, 1968, on the ground that respondent Nicolas Y. Feliciano had died on July 10, 1968. Later, the Court received information that petitioner Bienvenido P. Buan had also died. The Court required counsel to show cause why the case should not be dismissed as moot. On November 23, 1970, counsel for petitioner filed a motion to dismiss, manifesting that since both petitioner and respondent Feliciano were deceased, the proceeding should be dismissed as moot.

ISSUE

Whether the petition for certiorari and prohibition should be dismissed due to the death of both the petitioner and the private respondent, rendering the case moot.

RULING

The petition for certiorari and prohibition is dismissed, having become moot. The writ of preliminary injunction issued on May 14, 1968, is declared to be of no further force and effect. No pronouncement as to costs.