G.R. No. 149240 - Social Security System vs. Commission on Audit

On October 5, 2012, petitioner Joseph B. Timbol filed his Certificate of Candidacy for Member of the Sangguniang Panlungsod, Second District of Caloocan City.
On January 11, 2013, the Commission on Elections (COMELEC) issued Resolution No. 9610 declaring Timbol a nuisance candidate and ordering the removal of his name from the certified list of candidates.

On January 15, 2013, Election Officer Dinah A. Valencia subpoenaed Timbol to appear on January 17, 2013 for a clarificatory hearing.
At the hearing, Timbol, with counsel, argued his bona fide intent to run—citing his 2010 ranking (eighth place) and sufficient campaign resources—and was allegedly assured that his name would be removed from the nuisance list.
In a January 17, 2013 Memorandum, Election Officer Valencia recommended that Timbol’s Certificate of Candidacy be given due course.

Despite the favorable recommendation, COMELEC’s website retained Timbol’s name among nuisance candidates and, with ballots printing set to begin on February 4, 2013, Timbol filed a petition on February 2 to include his name in the certified list.
On February 5, 2013, by Minute Resolution, COMELEC denied Timbol’s petition as moot, citing commencement of ballot printing.

On March 15, 2013, Timbol filed a Petition for Certiorari before the Supreme Court, alleging grave abuse of discretion and denial of due process, and prayed for a preliminary mandatory injunction.
The Court, via resolutions on April 16 and August 6, 2013, required the Office of the Solicitor General to comment and Timbol to reply; Timbol’s counsel, Atty. Jose Ventura Aspiras, failed to file a reply despite a show-cause order.
The Court dispensed with the reply and proceeded to resolution on the basis of the Petition and the Comment.

Whether the case is now moot and academic given that the May 13, 2013 elections have concluded.
Whether COMELEC gravely abused its discretion by declaring Timbol a nuisance candidate and denying inclusion of his name without affording a meaningful opportunity to be heard.