GR 54082; (March, 1981) (Digest)
G.R. No. L-54082 March 24, 1981
MOHAMAD CAMPING MITMUG, petitioner, vs. THE COMMISSION ON ELECTIONS (DIVISION I), THE MUNICIPAL BOARD OF CANVASSERS OF LUMBA BAYABAO, LANAO DEL SUR, and MANGAYAO DAGALANGIT, respondents.
FACTS
Petitioner Mohamad Camping Mitmug filed a certiorari and prohibition proceeding to enjoin the enforcement of COMELEC Resolution No. 9759 dated May 9, 1980. The resolution ordered the Municipal Board of Canvassers of Lumba Bayabao, Lanao del Sur, to convene and temporarily proclaim the winning mayoralty candidate, despite the exclusion of some election returns and pending pre-proclamation cases. Mitmug sought to prevent this temporary proclamation, anticipating his opponent, respondent Mangayao Dagalangit, would be proclaimed.
Subsequent developments rendered the initial petition academic. The COMELEC proceeded with its investigation and constituted a new board of canvassers. On March 14, 1981, this new board completed the canvass, showing Dagalangit obtained 2,376 votes against Mitmug’s 1,432 votes, and subsequently proclaimed Dagalangit as the duly elected mayor. The COMELEC manifested these facts to the Supreme Court, indicating a final proclamation had been made.
ISSUE
Whether the Supreme Court should rule on the validity of the COMELEC resolution ordering a temporary proclamation, given the supervening event of a final canvass and proclamation.
RULING
The Supreme Court dismissed the petition as moot and academic. The legal logic is grounded in the principle that courts will not determine cases where no actual substantial controversy exists. The petitioner’s core objective was to prevent a temporary proclamation. This issue was rendered academic by the completion of the canvass and the final proclamation of the winning candidate based on the full canvass of votes.
The Court emphasized that the proper remedy for the petitioner, if he contests the election results, is to file a regular election protest. This mode of disposition aligns with the Court’s established policy, as cited in Aguinaldo v. Commission on Elections, to have election matters resolved conclusively through an election protest rather than through pre-proclamation controversies, especially after significant time has elapsed since the election. The temporary restraining order issued earlier was consequently lifted.