FIDELINO C. AGAWIN, PETITIONER, VS. QUINTIN CABRERA AND HON. ARSENIO ÑAÑAWA, JUDGE OF THE COURT OF FIRST INSTANCE OF LAGUNA, BRANCH IV, RESPONDENTS.

Contestants for the mayoralty post of Pagsanjan,
Laguna, in the November 12, 1963 elections were Fidelino
C. Agawin, the Nacionalista
Party candidate and Quintin Cabrera for the Liberal
Party.  Cabrera was proclaimed winner on
November 14, 1963.  Agawin
pro­tested.^[1]
His grounds: frauds, corrupt practices, overspending, vote-buying and other
illegal election practices which he described in said protest.  Cabrera answered and asserted a
counter-protest.

Upon respondent judge’s order, a revision of ballots was made and
completed.  Thereafter, Cabrera moved for
the dismissal of the protest alleging that it was filed beyond the reglementary period and that protestant’s
certificate of candidacy was filed in the wrong office,^[2] a
jurisdictional defect which was not cured by the amended protest as the latter
was lodged beyond the two-week reglementary period
for filing an election protest.

On July 11, 1964, respondent judge ruled that protestant’s cer­tificate
of candidacy was filed with the wrong body, dismissed the protest with costs
against protestant.

Reconsideration failed of its purpose.

Claiming grave abuse of discretion in the issuance of the dismissal
order, protestant Agawin came to this Court on
certiorari.

In the recent elections of November, 1967, petitioner and re­spondent
Cabrera again faced each other for the same position.  Cabrera won; Agawin
again protested.

Since the contested term of office in the case at bar (1964-1967)
has expired, any decision now can no longer be given any practical effect.^[3]

IN VIEW OF THE FOREGOING, the petition is hereby
dismissed.  No costs.

SO ORDERED.

Reyes, J.B.L., (Acting C.J.), Dizon, Makalintal, Bengzon, J.P., Zaldivar, Ruiz Castro, Angeles, and Fernando, JJ., concur.

^[1] Election Case No. SC-470, Court of First Instance of Laguna,
Branch IV, entitled “Fidelino C. Agawin, Protestant, vs. Quintin
Cabrera, Protestee.” The protest was amended on
December 9, 1963.

^[2]
Protestant filed his certificate of candidacy with the Commission on Elections
instead of filing it with the municipal secretary as directed by Sec. 36, par.
(c) of the Revised Election Code.

^[3] See:  Gonzaga vs. Bico, L-20291, February 27, 1965; Tuanda
vs. Dionaldo (1966), 17 Supreme Court Reports
646 (Resolution).