DATU MARIGA DIRAMPATEN, PETITIONER, VS. HON. HADJI MADKI ALONTO, PERSON­ALLY AND AS PROVINCIAL GOVERNOR OF LANAO DEL SUR, THE PROVINCIAL BOARD OF LANAO DEL SUR, COMPOSED OF HADJ…

On September 23, 1965 the respondent then Governor Hadji Madki
Alonto of the province of Lanao del Sur is­sued Administrative Order No. 2,
suspending the petitioner Datu Mariga Dirampaten from office as mayor of the
munici­pality of Taraka, Lanao del Sur, effective September 24, 1965, pending
investigation by the respondent provincial board of an administrative complaint
filed against him for oppression, corruption and maladministration.  On the same day, the respondent Governor
designated the respondent vice-mayor Hadji Alimodin D. Sumpingan as acting
mayor for the duration of the petitioner’s suspension.

On October 4, 1965 the petitioner came to this Court on the
present petition for certiorari, prohibition and man­damus with
preliminary mandatory injunction, praying that-?

1.     
Administrative Order No. 2 be annulled for
having been issued by the respondent Governor with grave abuse of discretion
and in gross violation of law;

2.     
The designation of the respondent vice-mayor as
acting mayor be declared illegal;

3.     
The respondent provincial board of Lanao del Sur
be enjoined from continuing with the investiga­tion of the administrative
complaint against the petitioner;

4.     
The respondent Governor be enjoined from enforc­ing
his directive to the respondent vice-mayor to assume the office of mayor for
the duration of the suspension;

5.     
The respondent Governor be ordered to comply
with section 2188 of the Revised Administrative Code by first conducting an
investigation of the charges against the petitioner; and

6.     
Pending final determination of the case, a writ
of preliminary mandatory injunction be issued, order­ing the respondents
Governor and provincial board to restore the petitioner to the position of
mayor of Taraka, Lanao del Sur.

Two days later, or on October 6, 1965, this Court, upon
petitioner’s posting a bond of one thousand pesos (P1,000), issued the writ of
preliminary mandatory injunction prayed for.

On November 23, 1965 the respondents filed their answer,
traversing the material allegations of the petition, and pray­ing for the
dismissal thereof and the dissolution of the writ of preliminary mandatory
injunction.

When the case was called for hearing on February 2, 1966, there
was no appearance for the petitioner; Solicitor Camilo Quiazon and Fiscal Luis
Mata who appeared for the respondents submitted the case for decision.

In the general elections held on November 14, 1967, the
petitioner was re-elected mayor of Taraka. 
The respondents Alonto and Sumpingan did not run for re-election.

On February 2, 1968 the petitioner filed a “manifesta­tion
and motion” to withdraw the instant petition on “the ground that the
basic issue in the present petition has al­ready been rendered moot and
academic.” On February 17,196$ he submitted a certification dated February
15, 1968, and signed by Dominador P. Israel, Chief of the Statistics and
Election Records Division of the Commission on Elections, which reads:

“This is to certify that no certificate of can­didacy for the
office of Governor of Lanao del Sur in connection with the November 14, 1967
elections for Madki Alonto is on file in this Office, and also that as per
record on file in this Office, Mariga Dirampatun was re-elected Mayor of
Taraka, Lanao del Sur last November 14, 1967 elections.

“This is to certify further that as per re­cords on file in
this Office, Batugan T. Maruhon was elected Vice-Mayor of Taraka, Lanao del Sur
last November 14, 1967 election, and also that no certificate of candidacy for
the office of Vice-Mayor of Taraka, Lanao del Sur in connection with said
election for Alimudin Sumpingan is on file in this Commission.”

The above certification implies that the principal res­pondents
Alonto and Sumpingan have ceased to hold their posi­tions as Governor of Lanao del
Sur and vice-mayor of Taraka, Lanao del Sur, respectively, in which capacities
they were made respondents in the petition at bar. Verily, this super­vening
circumstance has rendered the instant petition moot and academic for all
practical purposes.  Having ceased as
Governor, the respondent Alonto cannot anymore be bound by a decision of this
Court in the present case.  With respect
to the respondent Sumpingan, the threat of his assuming the position of mayor
vanished with the end of his term as vice-mayor and his failure to seek
re-election.  Considering the present
conditions of the parties, particularly the principal respondents, an eventual
resolution of the present petition will serve no useful purpose.

In passing, it is to be noted that the petitioner him­self seeks
the withdrawal of his petition, and it appears that if anyone will be
prejudiced as a consequence of the withdrawal, it will be the petitioner, who
will be reverted, at least theoretically, to the situation he was in prior to
the issuance of the writ of preliminary mandatory injunction.

ACCORDINGLY, the petitioner’s motion of February 6, 1968
withdrawing the present petition, is granted.

Reyes, Acting C.J., Dizon, Makalintal, Bengzon, Zaldivar,
Sanchez, Angeles, and Fernando, JJ., concur.

Concepcion, C.J., on leave.