GR L 20291; (February, 1965) (Digest)
G.R. No. L-20291; February 27, 1965
RAMON GONZAGA, NATIVIDAD GARCIA, ET AL., petitioners-appellants, vs. TERTULINO BICO and MANUEL H. JAVELONA (Justice of the Peace of the Municipality of Bago), respondents-appellees.
FACTS
On January 14, 1962, barrio elections were held in Barrio Lag-asan, Bago, Negros Occidental. Cesar Alvarez was proclaimed elected barrio lieutenant, along with others elected to the barrio assembly. On January 18, 1962, respondent Tertulino Bico filed an election protest before the Justice of the Peace of Bago, naming Ramon Gonzaga, Natividad Garcia, and Narciso Toledo as protestees. However, Bico’s protest failed to allege that he was a candidate voted for any office and also failed to include Cesar Alvarez as a protestee. On March 7, 1962, during the hearing, the protestees moved to dismiss the protest for lack of jurisdiction. Instead of answering the motion, Bico filed a motion for leave to admit an amended election protest, which included Cesar Alvarez and other barrio assembly members as protestees. Initially, the respondent Justice of the Peace denied the amendment but later reconsidered and admitted it. This amended protest was filed more than two weeks after the proclamation of the elected officials, exceeding the reglementary period under Section 174 of the Revised Election Code. The protestees (petitioners) then filed a petition for certiorari in the Court of First Instance of Negros Occidental, arguing: (1) the original protest did not allege Bico’s candidacy or that he was voted for, and (2) the amended protest, which included Alvarez, was filed outside the two-week reglementary period. The Court of First Instance dismissed the petition, prompting this appeal.
ISSUE
Whether the appeal regarding the validity of the barrio elections and the jurisdiction of the Justice of the Peace over the election protest has become moot and academic.
RULING
The Supreme Court dismissed the case as moot and academic. The Court noted that the dispute involved the barrio lieutenant and members of the barrio council of Barrio Lag-asan, proclaimed on January 14, 1962. Under Republic Act 2370 (the Barrio Charter), the term of office for these positions is only two years. Since the term had already expired by the time of the decision, and new barrio elections were held nationwide on January 12, 1964, the issue was no longer justiciable. The Court therefore refrained from ruling on the merits of the certiorari petition. The case was dismissed without costs.