BINGING HO, PETITIONER, VS. THE COMMISSION ON ELECTIONS AND BONSAN GO, RESPONDENTS.

Petitioner Binging Ho and respondent Bonsan
Go were among the candidates for the position of Mayor in the municipality of Bongao, Sulu, in the regular
elections held on November 14, 1967.  On
November 27, 1967 Binging Ho filed a petition for judicial recount of votes in
pre­cinct No. 13 on the ground of material discrepancies in certain entries in
the election return.  The recount having
been conducted, the Court on March 26, 1968, issued an order for the municipal
board of canvassers of Bongao “to convene and
make the canvass of Precinct No. 13…, using the judicial canvass return so that
the canvass for all the precincts of the municipality of Bongao
would be completed and after the canvass the Municipal Board of Canvassers, Bongao, Sulu, shall proclaim the
winning can­didate, whoever he is …”

From the aforegoing order Bonsan Go appealed to this Court, where the case was
docketed as Case G. R. No. L-29051.  The notice of appeal was filed on April 3,
1968.

On June 6, 1968 the Commission on Elections, acting on a petition
of Bonsa.n Go to hold in abeyance the canvass of the
votes in precinct No. 13, according to the judicial return, denied the same and
ordered the municipal board of canvassers to complete the canvass and proceed
with the proclamation of the winning candidate for Mayor.  On July 9, 1968, however, having been
informed that the decision of the Court of First Instance of Sulu in the judicial re­count case had been appealed, the
Commission on Elections issued a resolution “to hold in abeyance the
implementation of the resolution…of June 6, 1968 until final disposition of
the case by the Supreme Court, and until further orders from the
Commission.”

In the meantime, on June 13, 1968, Binging Ho was proclaimed by
the municipal board of canvassers; and on July 10, 1968, he was again
proclaimed by the municipal council of Bongao, acting
as canvassing board.  These two
proclamations were set aside by the Commission on Elections in a resolution
promulgated October 22, 1968, wherein the resolution of July 9, 1968 was
reiterated.  Binging Ho moved to
reconsider, but his motion was denied on December 10, 1968, one of the grounds
of the denial being the pendency in this Court of the
appeal in the judicial recount case, “the outcome of (which) will affect
the mayoralty election in Bongao, Sulu,
because the case involves a judicial deter­mination of the true and correct
result of the election for mayor in said municipality…”

Against the aforesaid orders of October 22 and December 10, 1968
Binging Ho filed the instant petition before us, praying that they be annulled
and set aside, alleging that his proclamation on June 13, 1968 was made
pursuant to the directive of the Commission on Elections itself dated June 6,
1968 and in accordance with the order of the Court of First Instance of Cebu in the judicial recount case.  Respondents filed their respective answers to
the petition, and thereafter petitioner submitted his memorandum in lieu of
oral argument.

On July 28, 1969 the appeal from the order of
the Court of First Instance of Sulu (G. R. No.
L-29051) was decided by this Court, the dispositive
portion of the decision being as follows:

“FOR THE FOREGOING CONSIDERATIONS, the orders appealed from
are affirmed.  The Municipal Board of
Canvassers of Bongao, Sulu,
is hereby ordered to con­vene, in 3 days from receipt of this decision, for the
purpose of canvassing the returns from all the precincts in the municipality
including the judicial return from Precinct No. 13, and im­mediately
thereafter, to proclaim the winning candidate for the position of Municipal
Mayor on the basis of the total votes appearing in the returns.  Costs against the
respondent-appellant.”

In view of the said decision it is clear that the instant
petition has become moot and academic, the relief prayed for by petitioner in
effect having been achieved by him in that other case.  Wherefore the petition is dismissed, without
costs.

Concepcion, C.J., Reyes, J.B.L., Dizon, Zaldivar, Castro,
Fernando, Teehankee, and
Barredo, JJ., concur.

Villamor, J., on leave.