TAMDA SERVICE COOPERATIVE, INC., PETITIONER, VS. THE CITY MAYOR AND THE CITY TREASURER OF TACLOBAN CITY, AND THE COURT OF FIRST INSTANCE OF LEYTE, RESPONDENTS.

This is a petition for review by way of certiorari of the
judgment of the Court of First Instance of Leyte, Branch IV in Special Civil
Action No. 5052 entitled “Tamda Service Cooperative, Inc., Plaintiff, vs.
The City Mayor of Tacloban City, et al., Defendants” for mandamus
with preliminary injunction and damages dated May 20, 1974 dismissing the
action on the ground that the plaintiff Tamda Service Cooperative, Inc. may not
lawfully organize for the purpose of engaging in the operation of motor
vehicles for hire by the general public, it being an activity totally alien to
the nature and purposes of cooperatives as contemplated in the Non-Agricultural
Cooperative Act (R.A. 2023), citing the opinion of the Honorable Secretary of
Justice dated March 29, 1973 who also
ruled that the Cooperatives Administration Office erred in registering the
plaintiff as a cooperative to operate motorized cabs principally for hire to
the general public and that the Public Service Commission likewise erred in
registering and granting a franchise to the cooperative operating as common
carrier.

In the Resolution of this Court dated January 17, 1975, the Court
resolved to give due course to the petition. 
In due time, both petitioner and respondents filed their respective
briefs and on June 27, 1975, the petition was submitted for decision.

Meanwhile, in a Manifestation dated October 4, 1978, respondents
prayed this Court to dismiss the petition on the ground that petitioner is no
longer legally existing due to non-compliance with requirements under
Presidential Decree No. 175 in failing to submit copies of its financial
statements and minutes of its meetings to the Ministry of Local Government and
Com­munity Development Regional Office No. VIII, the agency in charge of the
supervision of cooperatives under said decree, as certified to by the Assistant
Regional Director, and that petitioner is no longer legally authorized to
operate motorized tricycle services within Tacloban City as its Certificate of
Public Convenience issued by the Public Service Commission in Case No. 17-568
for a period of 5 years from Sept. 24, 1971 had already expired.

Respondents conclude that the instant petition has become moot
and academic considering that the legal existence of petitioner as a
cooperative and as a licensee to operate motorized tricycle services in
Tacloban City has long ceased.

Petitioner, having been required to comment on said
Manifestation, admitted its failure to submit copies of its financial
statements and minutes of its meetings to the Ministry of Local Government and
Community Deve­lopment because of its inability to secure a business permit as
a cooperative from respondent city officials but denied that it is no longer
existing since its application for re-registration has not been denied nor has it been ordered liquidated by the
Director of the Bureau of Cooperative Development.  Petitioner also admitted its failure to renew
its franchise.

Considering the admissions of petitioner as recited above, there
is merit to the contention of respondents that this case has indeed become moot
and academic.  Peti­tioner, having ceased
as a cooperative entity and its franchise lapsed, it has lost its legal
standing and whatever reliefs that may be granted may no longer be enforced or
executed.

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

SO ORDERED.

Teehankee, (Chairman), Makasiar, Fernandez, De Castro, and Melencio-Herrera, JJ., concur.