G.R. No. L-28459. January 17, 1968
RAFAEL FALCOTELO, ERNESTO REYES, FELIPE DE JESUS, AGUSTIN NAVALTA, JULIAN TRINIDAD, ANTONIO LASTRA, AND RUFINO RAFANAN, PETITIONERS, VS. HON. MACARIO ASISTIO, AS MAYOR OF CALOOC…
SANCHEZ, J.:
Petition for certiorari
and prohibition to annul respondent Mayor’s Public Notice (Paunawa)
of November 26, 1967
directing that for purposes of the barrio elections of January 14, 1968, Bagong
Barrio of Caloocan
City embraces the remaining portions
of Barrios Pacita, Manotoc Galino and San Jose
left after their mother barrios became part of Quezon City.
The petition must be dismissed.
First.
Petitioners’ averment that said portions of Barrios Pacita,
Manotoc, Galino and San
Jose are outside the boundaries of Bagong
Barrio, as legally constituted, is disputed by respondent. Without an established
factual premise, no legal conclusion maybe drawn. Second. Respondent’s answer herein avers that he
“has not and does not intend to enforce and execute said Public Notice
(PAUNAWA) dated November 26, 1967.” The case thus is moot and academic.
Petition dismissed. No
costs.
So ordered.
Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, Castro,
Angeles, and Fernando, JJ., concur.