With the complaint for disqualification of private respondent rendered moot and academic by the expiration of petitioners term of office therein contested, COMELEC acted with grave abuse of discretion in proceeding to disqualify petitioner from his reelected term of office in its second questioned Resolution on the ground that it comes as a matter of course after his disqualification in SPA No. 95213 promulgated after the 1998 election. While it is true that the first questioned Resolution was issued eight (8) days before the term of petitioner as Mayor expired, said Resolution had not yet attained finality and could not effectively be held to have removed petitioner from his office.[20] Indeed, removal cannot extend beyond the term during which the alleged misconduct was committed. If a public official is not removed before his term of office expires, he can no longer be removed if he is thereafter reelected for another term. [21] In this regard, therefore, we agree with the dissenting opinion of Commissioner Teresita Dy-Liacco Flores in the second questioned Resolution that petitioners disqualification under SPA No. 95-213 cannot extend beyond the term to which he was elected in 1995. [22] Yet another ground to reverse the COMELECs annulment of petitioners proclamation under the 1998 elections is the undeniable fact that petitioner was not accorded due process insofar as this issue is concerned. To be sure, this was not part of the first questioned Resolution which only touched on the matter raised in the complaint the May 8, 1995 elections. Private respondent merely prayed for the annulment of petitioners proclamation as winner in the 1998 elections in his Opposition to the Motion for Reconsideration. It was with grave abuse of discretion, then, that the COMELEC went on to annul petitioners proclamation as winner of the 1998 elections without any prior notice or hearing on the matter.[23] As per the Certificate of Canvass,[24] petitioner obtained 5,920 votes as against the 1,727 votes obtained by private respondent and 15 votes garnered by the third mayoral candidate, Johnny R. Banatao.This gives petitioner a high 77.26% of the votes cast. There is no doubt, therefore, that petitioner received his municipalitys clear