Barroga v. Lawad

THIRD DIVISION

[G.R. No. 192622. June 28, 2017.]

BENJAMIN R. BARROGA AND RANDY B. BARROGA, petitioners,vs. ROGELIO D. LAWAD, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Third Division, issued a Resolution datedJune 28, 2017, which reads as follows:

"G.R. No. 192622 (Benjamin R. Barroga and Randy B. Barroga v. Rogelio D. Lawad). — This is a petition for review on certiorari1 filed by Benjamin R. Barroga and Randy B. Barroga 2 assailing the Decision 3 dated February 22, 2010 and the Resolution 4 dated May 28, 2010 of the Regional Trial Court (RTC) of Tabuk, Kalinga, Branch 25, in Spl. Civil Action Case No. 77. The RTC declared Sangguniang Bayan Resolution No. 2008-001 (SB Resolution No. 2008-001) as void ab initio and respondent Rogelio D. Lawad (respondent) as the duly elected president of the Association of Barangay Captains, Municipality of Rizal, Kalinga (ABC, Rizal, Kalinga) qualified to sit as ex officio member of the Sangguniang Bayan of the municipality. 5 HTcADC

Respondent was elected as barangay chairman of Barangay Santor on October 29, 2007. In the morning of December 11, 2007, he was elected and proclaimed President of ABC, Rizal, Kalinga. Unbeknownst to respondent, however, nine barangay chairmen, including petitioner Benjamin R. Barroga who was disqualified for failure to complete and submit his requirements on time, subsequently convened in the afternoon of December 11, 2007 and proclaimed Benjamin Barroga as President of ABC, Rizal, Kalinga. 6

Thus, respondent elevated the controversy to the National Liga Board which confirmed respondent's proclamation. 7 Respondent took his oath as President of ABC, Rizal, Kalinga on December 29, 2007. 8

On January 9, 2008, however, the Sangguniang Bayan of Rizal, Kalinga issued SB Resolution No. 2008-001 recognizing Benjamin R. Barroga as the duly elected President of the ABC, Rizal, Kalinga. 9 Respondent sought the opinions of the Department of Interior and Local Government (DILG) Provincial Director, DILG Regional Office, and the Provincial Legal Officer of Kalinga, all of which were favorable to him. Despite respondent's efforts to establish his right, Benjamin R. Barroga was able to perform the duties and functions and receive the salaries of the President of ABC, Rizal, Kalinga, for the month of January 2008. 10

This prompted respondent to file, on February 11, 2008, a Petition for Declaration of Nullity of Resolution No. 2008-001 with Prayer for A Preliminary Mandatory Injunction/Temporary Restraining Order, Mandamus and Damages before the RTC. In his petition, respondent sought among other reliefs: (1) the declaration of nullity of SB Resolution No. 2008-001; and (2) the declaration that he is the duly elected President of ABC, Rizal, Kalinga. 11

On February 22, 2010, the RTC granted his petition. It ruled that respondent was the duly elected president of ABC, Rizal, Kalinga, and thus, ipso facto an ex officio member of the Sangguniang Bayan, entitled to the emoluments and benefits due said offices. 12 The RTC found that the election of officers of the ABC was an internal affair governed by its constitution and by-laws pursuant to Section 507 of Republic Act No. 7160 (RA 7160), otherwise known as The Local Government Code of 1991. 13 Furthermore, under paragraph 1.2.2, Article III of the Liga Election Code of 2002, 14 which was promulgated under the Constitution and By-Laws, the final arbiter of any election controversy in the Liga is the National Liga Board. 15 It thus declared SB Resolution No. 2008-001 declaring Benjamin R. Barroga as the duly elected ABC President invalid, having been passed beyond the authority of the SB and without support in RA 7160. 16

Petitioners filed a Motion for Reconsideration 17 but this was denied. 18

Hence, this petition. CAIHTE

We deny the petition for being moot and academic.

We note that while the petition for review on certiorari was filed on August 4, 2010 and remained pending with this Court, respondent manifested in the Compliance with Apology he filed as comment to the petition that the term in dispute, i.e., 2007-2010, has already expired in November 2010 and he has been elected for the subsequent term. 19 This was admitted by petitioners in their Compliance treated as reply dated January 31, 2013. 20

In Sales v. Commission on Elections, 21 we reiterated the rule that the expiration of term of office renders the election protest likewise moot and academic. 22

While there is an exception to the rule, i.e., when a decision in an election protest includes a monetary award for damages, 23 the same does not apply here since the RTC did not grant any monetary award. We likewise do not accept petitioners' argument that the expiration of the disputed term did not render the present case moot and academic because the issue is not who should be declared as the duly elected ABC President but whether the judge acted within the scope of his jurisdiction when he issued his assailed ruling.

In Peñafrancia Sugar Mill, Inc. v. Sugar Regulatory Administration, 24 we explained that a case becomes moot and academic when it ceases to present a justiciable controversy by virtue of supervening events, so that an adjudication of the case or a declaration on the issue would be of no practical value or legal effect because it cannot be enforced. 25

Here, assuming arguendo that the petition is granted, a reversal of the RTC Decision would in effect uphold the validity of SB Resolution No. 2008-001 recognizing petitioner Benjamin Barroga as president. This, however, will have no practical value since the term contested by both parties has already expired.

In view of the foregoing, we no longer find it necessary to resolve the other issues raised by petitioners. aScITE

WHEREFORE, the petition is DISMISSED for being moot and academic."

SO ORDERED."

Very truly yours,

(SGD.) WILFREDO V. LAPITANDivision Clerk of Court

 

Footnotes

1.Rollo, pp. 11-20.

2. Randy B. Barroga was impleaded as respondent in the Petition for Declaration of Nullity of Resolution No. 2008-001 with Prayer for a Preliminary Mandatory Injunction/Temporary Restraining Order, Mandamus and Damages, in his capacity as a member of the Sangguniang Bayan of Rizal, Kalinga (Id. at 44-45).

3.Id. at 21-33.

4.Id. at 34.

5. Also known as the Liga ng mga Barangay as per RTC Decision dated February 20, 2010, supra.

6.Rollo, pp. 47-50.

7.Id. at 51.

8.Id. at 51-52.

9.Id. at 52. The Petition filed before the RTC indicates the date the special session was conducted as January 9, 2007 but this must be considered as a mere typographical error and must be read as January 9, 2008 considering that the election happened on December 11, 2007.

10.Id. at 53-59.

11.Id. at 44-69. On February 12, 2008, the RTC issued a Temporary Restraining Order (TRO) against petitioner Benjamin R. Barroga, preventing him from performing the functions of and duties of president of ABC, Rizal, Kalinga, and directing the Mayor and Vice Mayor of Rizal, Kalinga to recognize and allow respondent to perform his functions as an ex officio member of the Sangguniang Bayan until further orders from the RTC. The RTC then issued an order on February 26, 2008, extending the TRO until March 9, 2008, and another order on April 10, 2008 stating among others that the injunctive writ shall continue to be enforced until further orders from the court or after the main case is terminated on the merits.Id. at 22.

12.Id. at 30, 32.

13.Id. at 32: LOCAL GOVERNMENT CODE, Sec. 507.Constitution and By-laws of theLiga and the Leagues. — All other matters not herein otherwise provided for affecting the internal organization of the leagues of local government units shall be governed by their respective constitution and by-laws which are hereby made suppletory to the provision of this Chapter: Provided, That said Constitution and By-laws shall always conform to the provisions of the Constitution and existing laws.

14. The apt provision is paragraph 1.2.2 of Article VIII of the 2002 Liga Election Code which was cited by petitioners in their Motion to Dismiss Complaint dated July 16, 2008 (Rollo, pp. 84-85) and their petition for review on certiorari dated July 22, 2010 (Id. at 18). It provides:

1.2 Board of Election Supervisors. There shall be a Board of Election Supervisors (BES) at every local Liga Chapter to be composed of the corresponding DILG officer as chairman and two (2) members preferably one from the COMELEC and the second from the different government agency/office of non-government organization (NGO) [o]r people's organization (PO) as may be determined by each Liga Chapter board concerned. This Board shall have the following duties and authority:

xxx xxx xxx

1.2.2 To resolve any post-proclamation electoral protest which must be submitted in writing to this Board within twenty four (24) hours from the close of the election; provided said Board shall render its decision within forty eight (48) hours from receipt thereof; and provided further that said decision must be submitted to the National Liga Office within twenty four (24) hours from the said decision. The decision of the Board of Election Supervisors in this respect shall be subject to review by the National Liga Board, the decision of which shall be final and executory.

15.Id. at 32.

16.Id.

17.Rollo, pp. 36-38.

18.Id. at 34-35.

19.Id. at 117.

20.Id. at 131.

21. G.R. No. 174668, September 12, 2007, 533 SCRA 173.

22.Id. at 177 citing Malaluan v. Commission on Elections, G.R. No. 120193, March 6, 1996, 254 SCRA 397, 403-404.

23.Malaluan v. Commission on Elections, supra at 404-405 citing Atienza v. Commission on Elections, G.R. No. 108533, December 20, 1994, 239 SCRA 298, 305.

24. G.R. No. 208660, March 5, 2014, 718 SCRA 212.

25.Id. at 217-218.