G.R. No. L-24962 November 29, 1965
VICE MAYOR ANTONIO C. JARO, petitioner, vs. COUNCILOR ROSARIO P. ISIDERIO, ET AL., respondents.

FACTS

Petitioner Antonio C. Jaro is the duly elected Vice Mayor of Tacloban City. Respondent Rosario P. Isiderio is a city councilor and Chairman of the Liberal Party Chapter in Tacloban. On September 7, 1965, Isiderio filed a petition for injunction before the Court of First Instance of Leyte to enjoin Vice Mayor Jaro from assuming the position of City Mayor should the incumbent Mayor, Artemio F. Mate, vacate the office upon filing his certificate of candidacy for Congressman. The lower court granted a preliminary injunction. Jaro filed a petition for certiorari before the Supreme Court on September 8, 1965, arguing that Isiderio had no cause of action and that Isiderio’s claim to succeed the Mayor violated the Revised Election Code, as the incumbent Mayor was from the Nacionalista Party and Isiderio was from the Liberal Party. The Supreme Court issued an injunction against the lower court’s writ. In their answer, respondents averred that after the lower court’s writ was lifted, petitioner Jaro assumed the Office of Mayor on September 11, 1965, rendering the original injunction case moot and academic. Jaro then moved to dismiss that case on that ground.

ISSUE

Whether the petition for certiorari before the Supreme Court has been rendered moot and academic.

RULING

Yes. The Supreme Court found the petition moot and academic. Based on the undisputed averments that petitioner Jaro had already assumed the Office of Mayor, the Court determined there was no alternative but to consider the instant petition moot and academic. Consequently, the petition was dismissed without costs.