January 1968 - Philippine Supreme Court Decisions/Resolutions
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G.R. No. L-28459 January 17, 1968 - RAFAEL FALCOTELO, ET AL. v. MACARIO ASISTIO:
EN BANC
[G.R. No. L-28459. January 17, 1968.]
RAFAEL FALCOTELO, ERNESTO REYES, FELIFE DE JESUS, AGUSTIN NAVALTA, JULIAN TRINIDAD, ANTONIO LASTRA and RUFINO RAFANAN, Petitioners, v. HON MACARIO ASISTIO, as Mayor of Caloocan City, Respondent.
Cecilio Y. Arevalo, Jr., for Petitioners.
Macario Asistio for and his own behalf as Respondent.
SYLLABUS
1. REMEDIAL LAW; SPECIAL CIVIL ACTION; CERTIORARI AND PROHIBITION; DISMISSAL FOR BEING MOOT AND ACADEMIC; INSTANT CASE. — Where petitioners’ averment that portions of Barrios Pacita, Manotoc, Galino and San Jose are outside the boundaries of Bagong Barrio, as legally constituted, is disputed by respondent and respondent’s answer avers that he has not and does not intend to enforce and execute Public Notice (PAUNAWA) dated November 26, 1967, the petition for certiorari and prohibition to annul respondent Mayor’s Public Notice (Paunawa) of November 26, 1967 directing that for purposes of the barrio elections of January 14, 1968, Bagong Barrio of Caloocan City embraces the remainning portions of Barrios Pacita, Manotoc, Galino and San Jose left after their mother barrios became part Quezon City, has become moot and academic and must be dismissed.
D E C I S I O N
SANCHEZ, J.:
Petition for certiorari and prohibition to annul respondent Mayor’s Public Notice (Paunawa) of November 26, 1967 directing that for purposes of the barrio elections of January 14, 1968, Bagong Barrio of Caloocan City embraces the remaining portions of Barrios Pacita, Manotoc, Galino and San Jose left after their mother barrios: became part of Quezon City.
The petition must be dismissed. First. Petitioners’ averment that said portions of Barrios Pacita, Manotoc, Galino and San Jose are outside the boundaries of Bagong Barrio, as legally constituted, is disputed by Respondent. Without an established factual premise, no legal conclusion may be drawn. Second Respondent’s answer herein avers that he "has not and does not intend to enforce and execute said Public Notice (PAUNAWA) dated November 26, 1967." The case thus is moot and academic.
Petition dismissed. No costs. So ordered.
Concepcion, C.J. Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, Ruiz Castro, Angeles and Fernando, JJ., concur.
The petition must be dismissed. First. Petitioners’ averment that said portions of Barrios Pacita, Manotoc, Galino and San Jose are outside the boundaries of Bagong Barrio, as legally constituted, is disputed by Respondent. Without an established factual premise, no legal conclusion may be drawn. Second Respondent’s answer herein avers that he "has not and does not intend to enforce and execute said Public Notice (PAUNAWA) dated November 26, 1967." The case thus is moot and academic.
Petition dismissed. No costs. So ordered.
Concepcion, C.J. Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, Ruiz Castro, Angeles and Fernando, JJ., concur.