RESTITURO TUANDA, PETITIONER-APPELLANT, VS. SIMPLICIO DIONALDO, AND THE COURT OF APPEALS, RESPONDENTS AND APPELLEES.

In the elections of November 10, 1959, Simplicio Dionaldo
was proclaimed mayor-elect fay the Municipal Board of Canvassers of the
municipality of Jlmalalud, Negros Oriental, for having obtained 1,372
votes as against 1,356 votes for Restituto Tuanda, his rival. In due
time, the latter filed an election protest contesting the said
proclamation. After trial by the Court of First Instance of the
province, the protestee was declared the duly elected mayor winning
over the protestant by a plurality of six votes. From this judgment the
protestant appealed to the Court of Appeals.

After a review
of the case, the Court of Appeals affirmed the judgment of the trial
court declaring the protestee as the winner, with the modification,
however, that protestee won over the protestant with a majority of only
two votes. Not satisfied, the protestant Restiuto Tuanda brought the
instant petition.

The main question raised in this case is
who, between the protestant and the protestee, should be declared the
winner during the election of November 10, 1959, for the mayoralty
position in the municipality of Jimanalud, Negros Oriental. Considering
that the term of office of all local officials elected in the November
1959 elections had expired on December 30, 1963, there is no need to
resolve the issue and to make a pronouncement as to who should have
been declared the mayor-elect. This case has become moot and academic.

WHEREFORE, the petitions hereby dismissed. No costs. 

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