G.R. No. L-22102 November 24, 1966
JUAN PARANPAN, petitioner, vs. HON. PERFECTO B. QUERUBIN, HON. JESUS S. RODRIGUEZ, HON. WENCESLAO L. FERNAN, all in their capacity as Judges of the Court of First Instance of Iloilo and TERESA B. BUENDIA accompanied by her husband Leoncio Buendia, respondents.

FACTS

In the November 1959 elections, Dr. Augusto Araneta was elected municipal mayor, Dr. Juan Bretania was elected municipal vice-mayor, and Mariano Araneta, Jugo Belmonte, and Teresa Buendia were elected municipal councilors of Barotac Nuevo, Iloilo. On September 13, 1963, in connection with the upcoming November 1963 elections, Mayor Araneta filed a certificate of candidacy for provincial board member, Vice-Mayor Bretania and Councilor Mariano Araneta filed for municipal mayor, and Councilor Belmonte filed for municipal vice-mayor. By filing for offices other than the ones they were holding, these four officials were considered to have permanently resigned. Respondent Teresa Buendia, as the councilor with the next highest number of votes after the two resigning councilors, claimed the office of municipal mayor pursuant to Section 7 of Republic Act 2264 and took her oath at midnight of September 13, 1963. Also on September 13, 1963, President Diosdado Macapagal designated petitioner Juan Paranpan as Acting Mayor. On September 14, 1963, Buendia filed Civil Case No. 6393 for injunction against Paranpan in the Court of First Instance of Iloilo. Respondent Judge Perfecto B. Querubin issued an ex parte writ of preliminary injunction enjoining Paranpan from assuming the office. Paranpan filed a motion to dissolve the writ, which was denied by respondent Judge Jesus Rodriguez on September 24, 1963. A motion for reconsideration was subsequently denied by respondent Judge Wenceslao L. Fernan on October 11, 1963. On October 31, 1963, Paranpan filed the instant petition for certiorari with preliminary mandatory injunction before the Supreme Court.

ISSUE

Whether the Supreme Court should rule on the petition for certiorari assailing the issuance and non-dissolution of the writ of preliminary injunction in Civil Case No. 6393, given the supervening events.

RULING

The Supreme Court dismissed the petition for certiorari as moot and academic. The Court took judicial notice that in the general elections of November 11, 1963, a new set of municipal officials had been elected for Barotac Nuevo, Iloilo, and that respondent Buendia had ceased to occupy the office of Municipal Mayor because the person elected on November 11, 1963, had assumed office on January 1, 1964. Consequently, there was no more vacancy in the office of Municipal Mayor that could be claimed by petitioner Paranpan by virtue of his presidential appointment. The case had therefore become moot.