G.R. No. L-16131. March 27, 1961
CASIANO IGNACIO, ET AL., PETITIONERS, VS. THE COMMISSION ON ELECTIONS, RESPONDENT.
DIZON, J.:
Saturnino Gallego, Urbano Zamora, Jose Villafuerte and Alfredo Ramos
filed with the Commission on Elections a joint certificate of candidacy
for the position of municipal councilor of Ipil, Zamboanga del Sur,
thru Joaquin Funda, Chairman of the Nacionalista Party local
directorate, who verified it before Notary Public Teofilo Rollo. On
October 6 of the same year the Commission on Elections refused to give
due course to the same upon the ground that it was “subscribed under
oath only by the party president and not by the secretary also of the
party” as required by Section 35 of the Election Code. Two days later,
after receiving notice of the action thus taken by the Commission,
Ignacio and his companions filed a “letter-request” for reconsideration
explaining the failure of the secretary of the party to verify the
certificate of candidacy and submitting at the same time a corrected
certificate of candidacy sworn to both by the chairman and the
secretary of the local directorate of the Nacionalista Party. This
notwithstanding, the Commission on Ejections refused to reconsider its
previous resolution. Thereupon the present petition for review by writ
of certiorari was filed by the petitioners named heretofore against the
Commission on Elections.
The record discloses that, upon
application of petitioners, this Court, on October 29, 1959, issued a
preliminary injunction restraining the respondent Commission, its
officers and agents, “from enforcing the resolution of the Commission
on Elections, dated October 6, 1959” and ordering them “to distribute
petitioners’ certificate of candidacy to polling places at Ipil,
Zamboanga del Sur, before the’ November 10, 1959 elections”. Said writ
was served on the Commission end duly complied with by the latter.
On March 3, 1961 petitioners, thru counsel, filed a motion to dismiss
on the ground that the issue involved has become academic, the
elections having been held and some of petitioners having been elected
to office. In this connection the Commission on Elections, thru its
legal officer, has made of record that, according to its records,
petitioners Casiano Ignacio, Saturnino Baybayan, Jose Villafuerte and
Alfredo Ramos were elected councilors of Ipil in the last elections
held on November 10, 1959, while the other petitioners, Saturnino
Gallego and Urbano Zambora, were not.
We find the motion to dismiss well founded. Consequently, the present action is dismissed, without costs.
Bengzon, Acting C. J., Padilla, Bautista Angelo, Labrador, Reyes, J. B. L., Barrera and Paredes, JJ., concur.