Quio, et. al. v.

COMELEC
G.R. No. 197466
Villarama, Jr., J.

FACTS:

Joel Quio and Ritchie Wagas both ran for mayor in Compostella, Cebu during the May
2010 elections. The case at bar presents a petition for certiorari, filed by Wagas,
seeking to annul the resolutions dated January 12, 2011 and June 13, 2011, and to
sustain the proclamation by the Municipal Board of Canvassers (MBOC), wherein the
petitioners were declared as duly-elected officials of Compostella.

In the canvassing, it was recorded that Quio received 11,719 votes, and Wagas
received 9,336 votes. Quio and other winners were proclaimed by the MBOC on May
11, 2010. Wagas filed a series of petitions in the Regional Trial Court (RTC) in Mandaue
and COMELEC. He claimed that the proclamation should be annulled because it was
discovered that audit/print logs of the consolidating machine of MBOC did not reflect at
least 14 clustered precincts, and yet it still generated the Certificate of Canvass and
Statement of Votes. Case in point, in Cluster Precinct No. 19, Wagas received 700
votes but the Statement of Votes reflected only 10 votes.

ISSUE:

Whether or not the discrepancy in the number of votes should lead to the annulment of
the proclamation of winners

HELD:

The Court decided to dismiss the case because it was already moot. There is no
justiciable controversy in cases that are considered moot and academic. The petitioner
is also not entitled to any relief due to the dismissal of the case.