CASE DIGEST
Facts:
In
a petition for annulment of election with injunction filed in the Municipal
Court of Parañaque, Rizal, seeking the annulment of the elections held on
January 28, 1968 at Barrio Baclaran, Parañaque, Rizal for the positions of
barrio Captain and Barrio Councilmen, petitioners therein allege that said
elections were null and void ab initio for the following reasons: (1.) The list of voters used was null and
void because it was made during the illegal registration. (2.) The election was
not conducted, the votes were not counted, and the alleged winners were not
proclaimed, by a duly elected board of election teller. (3.) The election was
not determined, fixed and/or sanctioned by the Baclaran barrio Council as
required by law. (4.) Official ballots were not used and all election
paraphernalia were supplied by NP candidates; and (5.) The election was
conducted in open space, frauds and irregularities were committed such the
several persons were able to vote several times while many registered voters who
went to the polling place were informed that other persons used their names in
voting and that “they have voted already.”
Issues: Whether or not the grounds laid
down by petitioners for annulment of the election are justifiable.
Ruling:
The
petition is dismissed for being moot and academic, by reason of the expiration
of the term of office of the positions disputed by parties, the instant case
has been rendered moot and academic. Subsequent to the elections in 1968,
elections in the Barrio level were held anew in January 1972, pursuant to the
provisions of R.A. No. 3590, as amended, otherwise known as the revised barrio
charter. Petitioners have lost their standing, and it would serve no useful
purpose for the court to make any pronouncement on the matter.
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