G.R. No. L-25646 October 14, 1968
GERVACIO VALENCIA, petitioner, vs. CARMEN P. CRISOLOGO, as Governor of Ilocos Sur, GONZALO P. LAZO, as Vice-Mayor of Tagudin, Ilocos Sur, and the PROVINCIAL BOARD OF ILOCOS SUR, respondents.

FACTS

Acting upon written complaints from residents of Tagudin, Ilocos Sur, respondent Provincial Governor Carmen P. Crisologo suspended petitioner Gervacio Valencia from his position as municipal mayor on January 31, 1966, effective February 1, 1966. The charges included abandonment of duties, discrimination, grave abuse of discretion, misconduct, and dishonesty. Valencia filed an original petition for prohibition with preliminary injunction to nullify the suspension order, restrain the Governor from enforcing it, restrain Vice-Mayor Gonzalo P. Lazo from assuming the mayor’s duties, and restrain the Provincial Board from investigating the charges. The court denied the prayer for a preliminary injunction, but the Provincial Board voluntarily desisted from proceeding with the investigation. Respondents’ answer revealed that on January 28, 1966, Governor Crisologo had filed a formal administrative complaint with the Provincial Board incorporating the charges. Valencia argued the suspension was void because the Governor issued it based on a letter complaint from the Vice-Mayor, allegedly violating Section 2188 of the Revised Administrative Code, which requires the Governor to submit written charges to the provincial board before suspension. He also contested the merits of the charges. During the pendency of the case, Valencia’s term as mayor expired on December 31, 1967, and former Vice-Mayor Lazo was elected and proclaimed mayor in the November 1967 elections.

ISSUE

Whether the petition for prohibition, which sought to prevent Valencia’s suspension as mayor and the investigation of the administrative charges against him, has been rendered moot and academic.

RULING

Yes, the case is dismissed for being moot and academic. The Court held that the issues raised became moot because the petition’s purpose was to prevent Valencia’s suspension as mayor of Tagudin and the investigation by the provincial board. Since Valencia’s term of office had expired on December 31, 1967, and Gonzalo P. Lazo had been elected and was then holding the office of mayor, there was no longer any actual controversy or relief that could be granted. The Court cited precedents (Sarandi v. Espino and Grapilon v. Municipal Council of Carigara) supporting the dismissal of cases that have become moot. The case was dismissed without pronouncement as to costs.