G.R. No. L-27583 January 30, 1968
Margarito J. Lofranco, petitioner, vs. Jesus Jimenez, Sr., respondent.

FACTS

Petitioner Margarito J. Lofranco filed an appeal by certiorari from a decision of the Court of Appeals concerning an election protest. The Supreme Court gave due course to the appeal and required the respondent, Jesus Jimenez, Sr., to file an answer. During the pendency of the appeal, petitioner filed a Manifestation and Motion advising the Court that respondent Jesus Jimenez, Sr. had died. Petitioner argued that the appeal survived the respondent’s death but that the contingent right to hold the contested office was strictly personal and could not be transmitted to heirs, and that the decisions of the lower courts were not yet final. Counsel for the respondent opposed the motion to dismiss, arguing the appeal was not moot because it involved the petitioner’s right to continue holding the office of Mayor of Inabanga, Bohol, and the deceased respondent’s right to recover costs, expenses, attorney’s fees, and damages. The Supreme Court initially denied the motion to dismiss. However, it was subsequently noted that not only was the respondent deceased, but the term for the contested office of Mayor of Inabanga, Bohol, had already expired, as the election protest arose from the general elections held in November 1963.

ISSUE

Whether the appeal has become moot and academic due to the death of the respondent and the expiration of the term of the contested office.

RULING

The Supreme Court dismissed the present appeal. The Court found it obvious that the respondent was already dead and that the term for the contested office of Mayor of Inabanga, Bohol, had expired, as the election protest originated from the November 1963 general elections. Consequently, the appeal was rendered moot. The dismissal was ordered without costs.