G.R. No. L-20117 July 15, 1966
Restituto Tuanda, petitioner and appellant, vs. Simplicio Dionaldo, and the Court of Appeals, respondents and appellees.

FACTS

In the November 10, 1959 elections for mayor of Jimalalud, Negros Oriental, Simplicio Dionaldo was proclaimed the winner by the Municipal Board of Canvassers, having obtained 1,372 votes against Restituto Tuanda’s 1,356 votes. Tuanda filed an election protest. The Court of First Instance, after trial, declared Dionaldo the duly elected mayor, winning by a plurality of six votes. Tuanda appealed to the Court of Appeals, which affirmed the trial court’s judgment but modified the winning margin, declaring Dionaldo the winner by a majority of only two votes. Still unsatisfied, Tuanda filed the instant petition for review.

ISSUE

The main question raised is who, between protestant Restituto Tuanda and protestee Simplicio Dionaldo, should be declared the winner of the November 10, 1959 mayoralty election in Jimalalud, Negros Oriental.

RULING

The Supreme Court dismissed the petition. The Court ruled that the case had become moot and academic. The reason is that the term of office for all local officials elected in the November 1959 elections had already expired on December 30, 1963. Consequently, there was no longer any need to resolve the issue or make a pronouncement on who should have been declared the mayor-elect. No costs were awarded.