JUAN PARANPAN, PETITIONER, VS. HON. PERFECTO B. QUERUBIN, HON. JESUS S. RODRIGUEZ, HON. WENCESLAO L. FERNAN, ALL IN THEIR CAPACITY AS JUDGE OF THE COURT OF FIRST INSTANCE OF ILO…

In the general elections held in
November 1959 Dr. Augusto Araneta was elected municipal mayor, Dr. Juan Bretania was elected municipal vice-mayor, Mr. Mariano Araneta was elected municipal councilor with the largest
number of votes, Dr. Jugo Belmonte was elected municipal councilor with the second
largest number of votes, and herein respondent Teresa Buendia was also elected municipal councilor with the third
largest number of votes, in Barotac Nuevo, Iloilo. On September 13, 1963 Municipal Mayor Augusto Araneta filed a
certificate of candidacy for the office of member of the provincial board of
Iloilo; vice-mayor Juan Bretania filed a certificate
of candidacy for the office of municipal mayor of Barotac Nuevo; Councilor Mariano Araneta filed a certificate of candidacy also for the office
of municipal mayor of Barotac Nuevo; and Councilor
Jugo Belmonte filed a
certificate of candidacy for the office of municipal vice-mayor of Barotac Nuevo. The certificates of candidacy filed by these
four municipal officials of Barotac Nuevo were in
connection with the general elections that would take place on November 11,
1963. These four incumbent municipal officials of Barotac Nuevo, each having filed a certificate of candidacy
for an office other than the one he was actually holding, were thereby
considered as having permanently resigned from office.

Herein respondent Teresa Buendia, being the municipal councilor that obtained the
next largest number of votes after the two incumbent municipal councilors who
were considered permanently resigned, as mentioned in the preceding paragraph,
claimed the office of municipal mayor of Barotac Nuevo
pursuant to the provisions of Section 7 of Republic Act 2264. Accordingly she
took her oath of office as municipal mayor at midnight of September 13, 1963.
Also on September 13, 1963, then President Diosdado
Macapagal designated herein petitioner Juan Paranpan as Acting Mayor of Barotac Nuevo, Iloilo, vice Mayor Augusto Araneta who had filed his
certificate of candidacy for the office of member of the Provincial Board.

On September 14, 1963, Buendia filed Civil Case No. 6393 in the Court of First
Instance of Iloilo against Paranpan for injunction
with a writ of preliminary injunction, alleging that Paranpan was threatening to occupy also the office of
Municipal Mayor of Barotac Nuevo without any right
whatsoever, and in violation of her right, and prayed, among others, that a writ
of preliminary injunction be issued enjoining Paranpan
from assuming the office of a Municipal Mayor. On the same day, respondent Judge
Perfecto B. Querubin of the Court of First Instance of
Iloilo issued ex parte the writ of preliminary
injunction prayed for, which writ was duly served on Paranpan. The latter, without having received a copy of the
petition, filed an urgent motion, dated September 20, 1963, praying for the
dissolution of the writ of preliminary injunction upon the ground that the same
had been issued irregularly and without sufficient cause and that whatever
rights might have been acquired by Buendia had lapsed
upon his (Paranpan’s) appointment by the President.
Buendia filed an opposition, and the motion was orally
argued. On September 24, 1963 respondent Judge Jesus Rodriguez of the Court of
First Instance of Iloilo denied the motion for the dissolution of the writ. On
September 27, 1963 Paranpan filed a motion for
reconsideration of the order of Judge Rodriguez denying the motion to dissolve
the writ, which motion was denied by Judge Wenceslao
L. Fernan, also of the Court of First Instance of
Iloilo, on October 11, 1963.

On October 31, 1963 Paranpan filed the instant petition for certiorari with
preliminary mandatory injunction before this Court, praying that judgment be
rendered (1) declaring that respondent Judge Ferfecto
Querubin had acted with grave abuse of discretion in
issuing ex parte the writ of preliminary injunction,
(2) declaring that respondent Judge Jesus Rodriguez had acted with grave abuse
of discretion in denying the motion for the dissolution of the writ, (3)
declaring that respondent Judge Wenceslao Fernan acted with grave abuse of discretion in denying the
motion for reconsideration of the order of Judge Jesus Rodriguez denying the
motion for the dissolution of the writ of preliminary injunction – all in Civil
Case No. 6393 of the Court of First Instance of Iloilo; and (4) that a writ of
preliminary mandatory injunction be issued ex parte by
this Court dissolving the writ of preliminary injunction issued in the lower
court so that the status quo could be maintained pending the decision by this
Court of the petition for certiorari. This Court gave the petition due course,
but did not issue the writ of preliminary mandatory injunction prayed
for.

Respondent Teresa B. Buendia filed before this Court her answer to the petition
on December 7, 1963. This case was set for hearing on February 10, 1964, but
nobody appeared for the parties. However, upon a motion made by telegram, the
respondents were given a period of 20 days within which to submit a memorandum
in lieu of oral argument. No memorandum appears in the record of this
case.

This Court takes judicial notice
that in the general elections of November 11, 1963, a new set of municipal
officials had been elected for Barotac Nuevo, Iloilo,
that respondent Buendia had ceased to occupy the
office of Municipal Mayor of Barotac Nuevo because the
person elected Municipal Mayor on November 11, 1963 had assumed office on
January 1, 1964, and, therefore, no more vacancy in the office of Municipal
Mayor of Barotac Nuevo can be claimed by petitioner
Paranpan by virtue of his appointment as Municipal
Mayor by the President of the Philippines. This case has become moot and
academic. WHEREFORE, the petition for certiorari with preliminary mandatory
injunction in the present case is dismissed, without
costs.

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