SECOND DIVISION
[G.R. No. L-33534. June 20, 1977.]
DOMINADOR DE LOS REYES, petitioner,vs. BENGUET CONSOLIDATED, INC., BCI EMPLOYEES AND WORKERS UNION-PAFLU and ELISEO P. FLORA, and THE COURT OF INDUSTRIAL RELATIONS, respondents.
B.C. Pineda & Associates for petitioner.
Juanito M. Mercado & Conrado H. Bueno for respondent Benguet Consolidated, Inc.
Benjamin C. Rillera for respondent Union.
Linda P. Ilagan for respondent Court.
D E C I S I O N
FERNANDO, J p:
The sole issue raised in this certiorari proceeding is whether or not respondent Court of Industrial Relations gravely abused its discretion in not permitting petitioner to run in the election for union officers held by respondent BCI Employees and Workers Union-PAFLU in 1971. He had previously been expelled from such labor organization, 1 as a result of which respondent Benguet Consolidated, Inc. terminated his services. 4
The respondents other than the Benguet Consolidated, Inc., submitted this manifestation on June 6, 1977: " 1. Petitioner lost in the Unfair Labor Practice case he filed before the defunct Court of Industrial Relations and as a result, he was considered validly ousted as member of respondent BCI Employees and Workers Union-PAFLU. Petitioner did not appeal from the said Order or Decision, . . .; 2. Respondent Union has had two elections after February 12, 1971 and Petitioner has never questioned the validity of the same; 3. Finally, Petitioner is now the District Regional Director for Northern Luzon of another union, the National Mines and Allied Workers Union (NAMAWU-MIF), a rival of petitioner's old union which is the respondent union." 5 The prayer was to have the case considered as moot and academic.
Thereafter, on June 10, 1977, respondent Benguet Consolidated, Inc. likewise submitted this manifestation: "1. That respondent BCI Employees & Workers Union-PAFLU had an election of officers on February 12, 1971 in which Ben Dugoy was the duly elected Union President and together with the other duly elected officers took their oath of office; 2. That since the February 12, 1971 elections up to the present the said Union had two (2) more elections of officers each with a two-year term of office in which petitioner never questioned their validity; 3. That petitioner is presently the District Regional Director for Northern Luzon of the National Mines and Allied Workers Union (NAMAWU-MIF)" 6 Again, the prayer was for the case to be considered moot and academic. The absolute lack of interest on the part of petitioner is made evident by his failing to submit any comment notwithstanding the fact that the counsel was served a copy of the resolution of this Court of May 6, 1977.
WHEREFORE, this petition for certiorari is dismissed for being moot and academic.
Barredo, Antonio, Aquino and Fernandez, JJ., concur.
Concepcion Jr., J., is on leave.
Footnotes
1. Petition, par. 3.
2. Ibid, par. 4.
3. Ibid, par. 5.
4. Resolution of this Court dated May 6, 1977.
5. Manifestation of Respondents other than Benguet Consolidated, Inc.
6. Manifestation of Respondent Company.