The Board of Directors vs. Francisco Abad, et al.

[SEC-SICD * CASE NO. 3310. July 4, 1988.] THE BOARD OF DIRECTORS, SIGNAL VILLAGE BICUTAN TRICYCLE OPERATORS & DRIVERS ASSOCIATION, INC. , complainant , vs . FRANCISCO ABAD, ET AL. , respondents . O R D E R For resolution is the Motion To Dismiss dated June 1, 1988, filed by respondent Francisco Abad and the opposition thereto. prcd Movant alleged that the complaint in this case is now moot and academic, considering that the election was already held last March 20, 1988, and the winning candidates already took their oath of office and had assumed their respective positions as the newly elected members of the Board of Directors. It appears from the allegations as well as the prayer in the complaint that complainants seek to enjoin the respondents from holding an election and to desist from further committing acts legally pertaining to the legitimate officers/members of the Board of Directors of the association. In the case at bar, we find and so hold that the reliefs prayed for in the complaint, are now rendered moot and academic by virtue of the holding of said election held on March 20, 1988, and the assumption of office of the newly elected members. Injunction cannot be issued to restrain an act that has already been performed. (Reyes vs. Harty, G.R. No. 6434, February 6, 1912, 21 Phil. 422). As to the counterclaim, respondents alleged that they were constrained to retain the services of counsel to prepare the answer. However, the answer as well as, the motion to dismiss were signed by respondent Chairman of the Board. Besides, in the answer, respondents are not praying for attorney's fees. WHEREFORE, the motion to dismiss should be, as it is hereby GRANTED. Accordingly, the complaint, as well as, the counterclaim are considered DISMISSED. SO ORDERED. (SGD.) ENRIQUE L. FLORES, JR. Hearing Officer (SGD.) MARCIANO S. BACALLA, JR. Hearing Officer