Title
Balindong vs. Mandangan
Case
G.R. No. L-30532
Decision Date
Nov 29, 1977
A mayor challenged his preventive suspension for alleged misconduct, but the Supreme Court dismissed the case as moot due to elections, constitutional changes, and legal reforms.
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Case Digest (G.R. No. L-30532)

Facts:

    Parties and Proceedings

    • Petitioner: Amer M. Balindong, formerly serving as the Mayor of Balabagan, Lanao del Sur.
    • Respondents:
    • Linang D. Mandangan in his capacity as Provincial Governor of Lanao del Sur.
    • Kasan A. Marohombsar in his capacity as Vice-Governor.
    • Ibrahim Ali and Bajunaid Balt in their capacity as members of the Provincial Board.
    • Nature of the Proceedings:
    • A certiorari and prohibition proceeding challenging the validity of an order of preventive suspension issued by the respondents.
    • The preventive suspension was imposed due to the pending complaints against petitioner for oppression and misconduct in office, and for dishonesty and misconduct in office.

    Chronology and Developments

    • Initial Rulings and Pleadings:
    • The Court, in its resolution of May 30, 1969, directed the respondents to answer along with the issuance of a writ of preliminary injunction against the suspension order.
    • The petitioner duly answered, and an additional plea was filed requesting the lifting of the writ of preliminary injunction; however, this plea was not granted by the Court.
    • Subsequent Pleadings:
    • Further memoranda and pleadings were submitted by both parties over time.
    • In the last pleading by the respondents, they admitted that by December 31, 1971, the case would become moot and academic.
    • Contextual Developments Affecting the Case:
    • Regular elections for provincial and municipal officials were held in 1971.
    • The present Constitution was adopted on January 17, 1973.
    • Under Presidential Decrees Nos. 925 and 826, significant changes were introduced:
    • Alterations in the names of the provincial boards.
    • Changes in the membership and structure of the provincial boards, directly impacting the positions previously held by the parties.

Issue:

  • Whether the preventive suspension order issued by the respondents was valid given the existence of pending complaints against petitioner for alleged offenses.
  • Whether the petition for the lifting of the writ of preliminary injunction should be granted, considering the circumstances surrounding the pending complaints.
  • Whether the ongoing proceedings remain justiciable in light of the considerable time lapse and the consequential changes in both the political landscape and territorial administrative structure.
  • Whether the transformation of the political and governmental framework (through elections, constitutional adoption, and presidential decrees) renders the case moot and academic.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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