G.R. No. 176135 - CARLOS IRWIN G. BALDO, JR., VS. COMMISSION ON ELECTIONS, THE MUNICIPAL BOARD OF CANVASSERS OF CAMALIG, ALBAY AND ROMMEL MUÑOZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, the appeal is hereby DISMISSED for lack of merit. Accordingly, the election returns for Precinct Nos. 127B, 40A/41A, 24A, 8A, 57A, 6A/6B, 54A/54B, 141A, 71A/71B, 72A, 19A, 44A, 154A. 47A, 86A, 132A, 145A, 171A,/171B, 39A, 112A, 137A/133A, 99A, 93A, 175A, 106A, 95A, which were either not included or which were temporarily tallied in a separate statement of votes and are hereby DIRECTED to be INCLUDED into the OFFICIAL TALLY in order to determine the total number of votes actually received by the candidates for mayor in the municipality. The Municipal Board of Canvassers of Camalig, Albay is ORDERED to immediately convene with proper notice to the parties, for the purpose of including in the official canvass the contested election returns and/or transferring into the official tally the results of the precincts which were temporarily tallied, compute the complete results from ALL the 134 precincts which functioned in Camalig, Albay, in the May 10, 2004 elections and forthwith PROCLAIM the winning candidate for mayor of Camalig, Albay. [1] Petitioner Baldo sought reconsideration of the foregoing, but on 8 January 2007, the COMELEC En Banc issued a Resolution affirming the judgment of the COMELEC First Division. The dispositive portion of the said Resolution reads: WHEREFORE, premises considered, the Commission RESOLVED, as it hereby RESOLVES to AFFIRM the Resolution of the Commission (First Division) with the MODIFICATION that the board of election inspectors concerned in Precinct No. 127B be summoned by the Municipal Board of Canvassers of Camalig, Albay, to complete the necessary data in the election returns of the said precinct. [2] Petitioner Baldo filed the instant Petition for Certiorari based on the following grounds: THE COMELEC GRAVELY ABUSED ITS DISCRETION AMOUNTING TO LACK AND EXCESS OF ITS JURISDICTION WHEN IT AFFIRMED THE ASSAILED RULINGS OF PUBLIC RESPONDENT MBOC IN THE 26 CONTESTED ELECTION RETURNS FOR PRECINCT NOS. 99A, 93A, 175A, 106A, 95A, 127B, 40A/41A, 24A, 8A, 57A, 6A/6B, 54A/54B, 141A, 71A/71B, 72A, 132A, 145A, 171A/171B, 39A, 112A, 137A,/133A, 19A, 44A, 154A, 47A, 86A; AND THE COMELEC GRAVELY ABUSED ITS DISCRETION AMOUNTING TO LACK AND EXCESS OF ITS JURISDICTION WHEN IT ORDERED THE INCLUSIONS OF THE SAID RETURNS IN THE OFFICIAL TALLY, AS THE SAME ARE MATERIALLY AND FATALLY DEFECTIVE, WHICH ARE PROPER GROUNDS FOR A PRE-PROCLAMATION CONTROVERSY WITHIN THE AMBIT OF SECTION 243 (b) OF THE OMNIBUS ELECTION CODE. [3] While the instant Petition is pending before this Court, national and local elections were held on 14 May 2007 , and the winners therein assumed office by 1 July 2007 . In said elections, petitioner Baldo won and is now serving as the municipal mayor of Camalig, Albay. Therefore, the term of office for the seat of municipal mayor of Camalig, Albay, being contested herein, had already expired on 30 June 2007 , rendering the instant Petition moot. In Malaluan v. COMELEC, [4] this Court