G.R. No. L-23885; April 25, 1968
FIDELINO C. AGAWIN, petitioner, vs. QUINTIN CABRERA and HON. ARSENIO NAÑAWA, Judge of the Court of First Instance of Laguna, Branch IV, respondents.

FACTS

Petitioner Fidelino C. Agawin (Nacionalista Party) and respondent Quintin Cabrera (Liberal Party) were contestants for the mayoralty post of Pagsanjan, Laguna, in the November 12, 1963 elections. Cabrera was proclaimed winner on November 14, 1963. Agawin filed an election protest (Election Case No. SC-470) on grounds of frauds, corrupt practices, overspending, vote-buying, and other illegal election practices. Cabrera answered and asserted a counter-protest. After a revision of ballots was completed upon the respondent judge’s order, Cabrera moved to dismiss the protest, alleging it was filed beyond the reglementary period and that Agawin’s certificate of candidacy was filed with the Commission on Elections instead of with the municipal secretary as required by Section 36, paragraph (c) of the Revised Election Code. The respondent judge ruled on July 11, 1964, that the certificate of candidacy was filed with the wrong body, and dismissed the protest. Agawin’s motion for reconsideration failed. Agawin then filed the present certiorari petition, claiming grave abuse of discretion. Meanwhile, in the November 1967 elections, Agawin and Cabrera again faced each other for the same position, with Cabrera winning and Agawin again filing a protest.

ISSUE

Whether the Supreme Court should proceed to decide the certiorari petition on its merits given that the contested term of office (1964-1967) has expired.

RULING

The Supreme Court dismissed the petition. The Court held that since the contested term of office in the case at bar (1964-1967) had already expired, any decision rendered could no longer be given any practical effect. The petition was therefore dismissed, with no costs.