We note that petitioners term as Mayor under the May 8, 1995
elections expired on June 30, 1998.[18] Thus, when the first questioned
Resolution was issued by COMELEC on June 22, 1998, petitioner
was still serving his term. However, by the time the Motion for
Reconsideration of petitioner was filed on July 3, 1998, the case had
already become moot and academic as his term had already
expired. So, too, the second questioned Resolution which was issued
on October 13, 1998, came at a time when the issue of the case had
already been rendered moot and academic by the expiration of
petitioners challenged term of office.
In Malaluan v. Commission on Elections,[19] this Court clearly
pronounced that expiration of the challenged term of office renders the
corresponding petition moot and academic. Thus:
It is significant to note that the term of office of the local officials
elected in the May, 1992 elections expired on June 30, 1995. This
petition, thus, has become moot and academic insofar as it concerns
petitioners right to the mayoralty seat in his municipality (Amatong v.
COMELEC, G.R. No. 71003, April 28, 1988, En Banc, Minute
Resolution; Artano v. Arcillas, G.R. No. 76823, April 26, 1988, En
Banc, Minute Resolution) because expiration of the term of office
contested in the election protest has the effect of rendering the same
moot and academic (Atienza v. Commission on Elections, 239 SCRA
298; Abeja v. Tanada, 236 SCRA 60; Yorac v. Magalona, 3 SCRA 76).
When the appeal from a decision in an election case has already
become moot, the case being an election protest involving the office of
the mayor the term of which had expired, the appeal is dismissible on
that ground, unless the rendering of a decision on the merits would be
of practical value (Yorac v. Magalona, supra). This rule we established
in the case of Yorac v. Magalona which was dismissed because it had
been mooted by the expiration of the term of office of the Municipal
Mayor of Saravia, Negros Occidental. x x x.
(underscoring, ours)