AMER M. BALINDONG, PETITIONER, VS. LINANG D. MANDANGAN, IN HIS CAPACITY AS PROVINCIAL GOVERNOR OF LANAO DEL SUR, KASAN A. MAROHOMBSAR, IN HIS CAPACITY AS VICE-GOVERNOR, IBRAHIM …

What was challenged in this certiorari and prohibition
proceeding by the then Mayor of Balabagan, Lanao del Sur, was the validity of
an order of preventive suspension issued by respondents:  the then Provincial Governor Linang D.
Mandangan, Vice-Governor Kasan A. Marohombsar and Members Ibrahim Ali and Bajunaid
Balt, composing the Provincial Board of Lanao del Sur at that time, on the
ground of the pendency of two complaints against petitioner, one for oppression
and misconduct in office and the other for dishonesty and misconduct in
office.  This Court in its resolution of May 30, 1969^[1]
required respondents to answer, with a writ of preliminary injunction against
the enforcement of such order of preventive suspension of petitioner.  There was an answer duly filed on June 23 of
that year.  It was likewise prayed that
the writ of preliminary injunction be lifted. 
This Court, however, while requiring petitioner to answer that plea, did
not grant it.  Other pleadings were
subsequently filed, including memoranda from both parties.  In the last pleading filed by respondents, it
was admitted that by December 31,
1971, the case would become moot and academic.

A lot of time had passed since then including not only the
regular elections for provincial and municipal officials in 1971 but also the
adoption of the present Constitution on January
17, 1973.  It will clearly
appear therefore that the matter sought to be put issue by this petition would
serve no purpose or consequence as there is even no showing that the parties
have retained the positions previously held by them.  As a matter of fact, under
two Presidential Decrees, changes were introduced not only in the names but in
the membership of provincial boards.^[2]

WHEREFORE, the petition is dismissed for being moot and
academic.

Barredo, Antonio, Aquino, Concepcion, Jr., and Santos,
JJ., concur.

^[1]
Resolution of May 30, 1969.

^[2]
Cf. Presidential Decree Nos. 925 and 826. 
Presidential Decree No. 925 is entitled thus:  “Organizing the Pampook Na Katipunan Ng
Mga Sanggunian.” The title of Presidential Decree No. 826 follows:  “Changing the Names of Provincial Boards
and City or Municipal Boards or Councils into Sangguniang Bayan, and Increasing
the Membership Thereof.”