G.R. No. L-27583 October 10, 1967
MARGARITO J. LOFRANCO, petitioner, vs. JESUS JIMENEZ, SR., respondent.

FACTS

The Supreme Court issued a resolution on August 9, 1967, considering the case submitted for decision without the respondent’s brief due to the respondent’s failure to file it within the granted period. Subsequently, the petitioner filed a manifestation and motion, stating that he had received a copy of the respondent’s motion for additional time to file the brief. The petitioner further informed the Court that, according to a death certificate annexed to a filing by Rev. Fr. Marcelo A. Castro, Parish Priest of Inabanga, Bohol, the respondent, Jesus Jimenez, Sr. (the protestant-appellee), had died. The petitioner argued that since the respondent’s right to the contested position of municipal mayor was strictly personal, the appeal had become moot and should be dismissed.

ISSUE

Whether the death of the respondent, Jesus Jimenez, Sr., renders the appeal moot and academic, warranting its dismissal.

RULING

The Supreme Court did not issue a final ruling on the merits of the dismissal motion in this resolution. Instead, the Court required the counsels of record for the respondent—Messrs. Salonga, Ordoñez, Yap, Sicat and Associates, and Attys. Carillo, Torres, Jimenez and Associates—to answer the petitioner’s manifestation and motion within five (5) days from notice. The Court’s action implies it is seeking the position of the respondent’s legal representatives regarding the alleged death and its legal effect on the case before making a determination.