[ G.R. No. L-28459. January 17, 1968 ]

[ G.R. No. L-28459. January 17, 1968 ]

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[ G.R. No. L-28459. January 17, 1968 ]

RAFAEL FALCOTELO, ERNESTO REYES, FELIPE DE JESUS, AGUSTIN NAVALTA, JULIAN TRINIDAD, ANTONIO LASTRA, AND RUFINO RAFANAN, PETITIONERS, VS. HON. MACARIO ASISTIO, AS MAYOR OF CALOOCAN CITY, RESPONDENT.

D E C I S I O N

SANCHEZ, J.:

Petition for certiorari and prohibition to annul respondent Mayor's Public Notice (Paunawa) of November 26, 1967 directing that for purposes of the barrio elections of January 14, 1968 , Bagong Barrio of Caloocan City embraces the remaining portions of Barrios Pacita, Manotoc Galino and San Jose left after their mother barrios became part of Quezon City .

The petition must be dismissed. First. Petitioners’ averment that said portions of Barrios Pacita, Manotoc, Galino and San Jose are outside the boundaries of Bagong Barrio, as legally constituted, is disputed by respondent. Without an established factual premise, no legal conclusion maybe drawn. Second. Respondent's answer herein avers that he "has not and does not intend to enforce and execute said Public Notice (PAUNAWA) dated November 26, 1967 ." The case thus is moot and academic.

Petition dismissed. No costs.

So ordered.

Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, Castro, Angeles, and Fernando, JJ., concur.