Case Digest (G.R. No. L-28995)
Facts:
The case of Bienvenido P. Buan vs. Nicolas Y. Feliciano and Hon. Arturo B. Santos, Judge of the Court of First Instance of Tarlac, Branch II, arose from a certiorari and prohibition proceeding filed by petitioner Bienvenido P. Buan on May 10, 1968. The petition sought to declare that the respondent Judge, Hon. Arturo B. Santos, lacked jurisdiction to entertain a counter-protest and motion to dismiss filed by respondent Nicolas Y. Feliciano. The petitioner also requested the annulment of the Judge's order dated February 19, 1968, which struck out Feliciano's answer but refused to dismiss his counter-protest, citing the liberality of the law. Following the filing of the petition, the Supreme Court issued a resolution on May 14, 1968, requiring the respondents to answer and simultaneously issued a writ of preliminary injunction. On June 11, 1968, the respondents filed their answer, asserting the jurisdiction of Judge Santos and seeking the dismissal o...
Case Digest (G.R. No. L-28995)
Facts:
Parties Involved:
- Petitioner: Bienvenido P. Buan
- Respondents: Nicolas Y. Feliciano and Hon. Arturo B. Santos, Judge of the Court of First Instance of Tarlac, Branch II
Nature of the Case:
- A certiorari and prohibition proceeding was filed by petitioner Bienvenido P. Buan on May 10, 1968.
Subject Matter:
- The petitioner sought to declare that respondent Judge lacked jurisdiction to entertain or act on a counter-protest and motion to dismiss filed by respondent Feliciano.
- The petitioner also sought a writ of certiorari to annul the order of respondent Judge dated February 19, 1968, which struck out the answer of respondent Feliciano but refused to dismiss his counter-protest.
- Additionally, the petitioner requested a writ of prohibition to prevent respondent Judge from further entertaining or acting on the counter-protest.
Procedural History:
- On May 14, 1968, the Court required respondents to answer and issued a writ of preliminary injunction.
- On June 11, 1968, respondents filed their answer, sustaining the jurisdiction of Judge Santos and seeking the dismissal of the petition.
- On July 24, 1968, petitioner’s counsel filed a motion to postpone, citing the death of respondent Nicolas Y. Feliciano on July 10, 1968.
- On October 16, 1970, the Court issued a resolution noting that petitioner Bienvenido P. Buan had also died and required counsel to show cause why the case should not be dismissed as moot.
- On November 23, 1970, petitioner’s counsel filed a motion to dismiss, stating that since both petitioner and respondent Feliciano were deceased, the case should be dismissed as moot.
Issue:
- Whether the case should be dismissed as moot due to the death of both the petitioner and the respondent.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)