MARGARITO J. LOFRANCO, PETITIONER, VS. JESUS JIMENEZ, SR., RESPONDENT.

On August 9, 1967 We issued a resolution considering this case
"submitted for decision without respondent’s brief" in view of the
latter’s failure to file such brief within the period granted him for the
purpose.  Ten days later, petitioner
filed a manifestation and motion stating therein, among other things, that on
the 15th of the same month and
year he had received a copy of respondent’s motion for additional time within
which to file his brief etc.; that according to information received by him,
respondent Jesus Jimenez, Sr. (protestant-appellee in
this case had died as shown by the death certificate annexed to said
manifestation and motion filed by Rev. Fr. Marce, A.
Castro, Parish Priest of Inabanga, Bohol; that respondent’s right to the contested position of
municipal mayor was strictly
personal the present appeal has become moot and should, therefore, be dismissed.

WHEREFORE, counsel for respondent who according to the
record are Messrs. Salonga, Ordonez, Yap, Sicat and Associates, Suite 322-327 Rufino
Building, Ayala Avenue, Makati, Rizal,
and Attys. Carillo, Torres, Jimenez and Associates, Cebu Center Bldg., Cebu City, are
hereby required to answer said manifestation and motion within five (5) days
from notice hereof.

Reyes, Makalintal, Zaldivar, Sanchez, Castro, Angeles, and Fernandez, JJ., concur.

Conception, C.J., and Bengzon, J.P., J., took no
part.