Holdover issue mooted by subsequent election - G.R. No. 185053

G.R. No. 185053

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In Kilusang Bayan sa Paglilingkod ng mga Magtitinda ng Bagong Pamilihang Bayan ng Muntinlupa, Inc. (KBMBPM) v. Dominguez,[13] we denied the Petition on the ground that the issue had become moot and academic considering that the GA of KBMPM already elected a new set of officers, even if it was found that the right to due process of petitioners therein were clearly violated, to wit:

In the instant case, there was no notice of a hearing on the alleged petition of the general membership of the KBMBPM; there was, as well, not even a semblance of a hearing. The Order was based solely on an alleged petition by the general membership of the KBMBPM. There was then a clear denial of due process. It is most unfortunate that it was done after democracy was restored through the peaceful people revolt at EDSA and the overwhelming ratification of a new Constitution thereafter, which preserves for the generations to come the gains of that historic struggle which earned for this Republic universal admiration.

If there were genuine grievances against petitioners, the affected members should have timely raise (sic) these issues in the annual general assembly or in a special general assembly. Or, if such a remedy would be futile for some reason or another, judicial recourse was available.

Be that as it may, petitioners cannot, however, be restored to their positions. Their terms expired in 1989, thereby rendering their prayer for reinstatement moot and academic. Pursuant to Section 13 of the by-laws, during the election at the first annual general assembly after registration, one-half plus one (4) of the directors obtaining the highest number of votes shall serve for two years, and the remaining directors (3) for one year; thereafter, all shall be elected for a term of two years. Hence, in 1988, when the board was disbanded, there was a number of directors whose terms would have expired the next year (1989) and a number whose terms would have expired two years after (1990). Reversion to the status quo preceding October 1988 would not be feasible in view of this turn of events. Besides, elections were held in 1990 and 1991. The affairs of the cooperative are presently being managed by a new board of directors duly elected in accordance with the cooperative's by-laws.

In the present case, the replacement of respondents with other members of the board was willed by the GA. It is also important to note that respondents were only occupying their positions in a holdover capacity when they filed the case with the RTC, as their terms had ended on 12 July 2000. Undoubtedly, it would be a futile attempt and a waste of resources to remand the case to the trial court. There would be nothing left for the trial court to execute, should respondents be successful in their Petition.

It is clear from the Omnibus Order of the RTC that it dismissed the Amended Complaint because the supervening events had rendered the case moot through the voluntary act of the GA – as the highest policy-making body of the cooperative – to declare the contested positions vacant and to elect a new set of officers. As a consequence, respondents no longer had the personality or the cause of action to maintain the case against petitioners herein. Thus, the RTC committed no error when it dismissed the case.

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