CELESTINO E. ESUERTE, MARIA BITOY, HONORATO LUCERO, AND ANATALIO BARCENA, PETITIONERS, VS. HON. MACAPANTON ABBAS, JUDGE OF THE COURT OF FIRST INSTANCE OF DAVAO, HON. SALVADOR R.…

This is an original petition
for certiorari to question the correctness of the order of the Court of
First Instance of Davao, denying petitioners’ motion for the issuance
of a writ of preliminary injunction in Special Civil Case No. 3950 of
said court.

Following the designation by President Macapagal, on January 25, 1963,
of Delfin Jampayas, as Acting Mayor, Eulogio Viajedor, as Acting
Vice-mayor, Antonio Macadangdang, Demetrio B. Hechanova, Rlcardo Bitoy,
and Francisco Esquerdo, as Acting Councilors of the Municipality of
Mawab, province of Davao, Celestino Esuerte, Maria Bitoy, Honorato
Lucero, and Anatolio Barcena, who were extended ad interim appointments by President Garcia on December 29, 1961,^[1] instituted prohibition and quo warranto
proceedings in the Court of First Instance of Davao (Sp. Civ. Case No.
3950) to declare them (petitioners) lawfully entitled to the positions.
As the court denied their prayer for a writ of preliminary injunction,
to restrain respondents from entering the discharge of the functions of
the offices, petitioners filed the instant action. It is here claimed
that as rightful occupants of the disputed positions, they are entitled
not only to the salaries attached thereto, but also to the peaceful,
continuous, and uninterrupted exercise of the regular duties and
functions of the office.

This petition was given due course
in this Court, but no writ of preliminary injunction was issued. Thus,
the trial of the main case (Sp. Civ. Case No. 3950) continued and on
November 26, 1963, the court a quo rendered a decision dismissing the
petition. Therein petitioners brought the case on appeal to this Court
(G.R. No. L-23301).

In our decision of February 28, 1966 (in G.R. No. L-23301, Esuerte et al. vs.
Jampayas et al.), the ad-interim appointments of petitioners Esuerte,
et al., extended by President Garcia on December 29, 1961 were declared
part of the “midnight” appointments covered by the ruling laid down in
the Avtona vs. Castillo^[2]
case. In effect, therefore, the designations by President Macapagal of
respondents Jampayas, et al. to the disputed positions were upheld. In
view of our resolution of the controversy in the main case, the issue
in the present action, which is merely an incident in the main case,
has become moot and academic.

WHEREFORE, this petfcion is hereby dismissed, without costs.

SO ORDERED.

Concepcion, C.J., Reyes, J.B.L.,  Regala, Makalintal, Bengzon, J.P., Zaldivar and Sanchez, JJ., concur.

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^[1] Esuerte, as Mayor, Bitoy as Vice-mayor, and Lucero and Barcena as Councilors of the same municipality.

^[2] G.R. No. L-19313, Jan. 19, 1962.