394 Phil. 950
DE LEON, JR., J.:
According to the petitioners, PRA Resolution No. 1 together with all the reglementary requirements, has been forwarded and submitted to the office of respondent COMELEC at Santiago City and later to its Head Office in Manila through the Provincial Elections Office and Regional Elections Office.ASSEMBLY RESOLUTION NO. 1
-oOo-
RESOLUTION OF THE PREPARATORY
RECALL ASSEMBLY OF THE BARANGAY
OFFICIALS OF SANTIAGO CITY
FOR THE RECALL OF THE INCUMBENT
VICE-MAYOR OF SANTIAGO CITY
xxx xxx xxx
WHEREAS, during the Preparatory Recall Assembly the official acts of City Vice Mayor Navarro that brought forth the loss of confidence in her capacity and fitness to discharge the duties and to perform the functions of her public office were recounted for the contemplation and evaluation of the members present, to wit:WHEREAS, on accounts of the documented facts and stated hereinabove the members of the Preparatory Recall Assembly present have lost, after due thought their confidence upon the incumbent City Vice Mayor Amelita S. Navarro.
- Her lack of respect and due regard for superior authority…
- Her greed for political power which worked against public interest and the general welfare…
- Her lack of regard for public officials, subordinates and lowly employees, which is conduct unbecoming of a public official and speaks of her unprofessionalism…
- Her constant insistence to usurp the powers or authority vested upon other public officials…
- Her application of delaying tactics in the SP actions on the City Government's annual budget…
- Her disregard of parliamentary rules by imposing her unsolicited and unnecessary opinion unto the city councilors…
- Because of her preoccupation towards matters other than those of public concerns, substantial part of the legislative tasks of the Sangguniang Panlungsod brought to it for action have remained unacted unfinished (sic);
- Her alleged malfeasance of corruption while she was still the City Mayor in acting capacity, specifically her direct hand in the anomalous acquisition of six dump trucks, a request for investigation for (sic) which is pending at the Office of the Ombudsman;
- Her antagonistic attitude towards development concerns…
NOW WHEREFORE, upon a motion duly seconded, be it -
RESOLVED, as it is hereby RESOLVED to INVOKE THE RESCISSION OF THE ELECTORAL MANDATE OF THE INCUMBENT CITY VICE-MAYOR AMELITA S. NAVARRO for LOSS OF CONFIDENCE through a recall election to be set by the COMMISSION ON ELECTION as provided for under Section 71 of the Local Government Code of 1991;xxx xxx xxx
APPROVED by the majority of the members of the Preparatory Recall Assembly held on July 12, 1999 at the People's Coliseum, Santiago City, Isabela.[2]
Sec. 7. Period to Decide by the Commission En Banc. - Any case or matter submitted to or heard by the Commission en banc shall be decided within thirty (30) days from the date it is deemed submitted for decision or resolution, except a motion for reconsideration of a decision or resolution of a Division in Special Actions and Special cases which shall be decided within fifteen (15) days from the date the case or matter is deemed submitted for decision, unless otherwise provided by law.The herein petitioners allege that the act of respondent COMELEC in not resolving the petition, EM No. 99-006, within the reglementary period constitutes neglect in the performance of its duties and responsibilities; and that the alleged inaction of respondent COMELEC will render the said case and/or PRA Resolution No. 1 moot and academic inasmuch as recall elections cannot be undertaken anymore come June 30, 2000 pursuant to Section 74 of the 1991 Local Government Code, which provides that:
Sec. 74. Limitation on Recall. -Finally, on February 18, 2000, sensing the urgency of the situation since PRA Resolution No. 1 was not yet acted upon by the COMELEC, the herein petitioners filed the present petition for mandamus to compel respondent COMELEC to resolve and deny immediately Navaro's petition, docketed therein as EM No. 99-006, and in effect to give due course to and implement the said PRA Resolution.
(a) any elective local official may be the subject of a recall election only once during his term of office for loss of confidence.
(b) No recall shall take place within one (1) year from the date of the official's assumption to office or one (1) year immediately preceding a regular local election.[3]
The assumption by legal succession of the petitioner as the new Mayor of Santiago City is a supervening event which rendered the recall proceeding against her moot and academic. A perusal of the said Resolution reveals that the person subject of the recall process is a specific elective official in relation to her specific office. The said resolution is replete with statements, which leave no doubt that the purpose of the assembly was to recall petitioner as Vice Mayor for her official acts as Vice Mayor. The title itself suggests that the recall is intended for the incumbent Vice Mayor of Santiago City. The third paragraph of the resolution recounted " the official acts of City Vice Mayor Navarro that brought forth the loss of confidence in her capacity and fitness to discharge the duties and to perform the functions of her public office." And because of such acts, the assembly "RESOLVED to invoke the rescission of the electoral mandate of the incumbent City Vice Mayor." Clearly, the intent of the PRA as expressed in the said Resolution is to remove the petitioner as Vice Mayor for they already lost their confidence in her by reason of her official acts as such. To recall, then, the petitioner when she is already the incumbent City Mayor is to deviate from the expressed will of the PRA. Having, thus, succeeded to the position of City Mayor, the petitioner was placed beyond the reach of the effects of the PRA Resolution.[5]The specific purpose of the Preparatory Recall Assembly was to remove Amelita S. Navarro as the elected Vice-Mayor of Santiago City since PRA Resolution No. 1 dated July 12, 1999 expressly states that "…it is hereby resolved to invoke the rescission of the electoral mandate of the incumbent City Vice-Mayor Amelita S. Navarro for loss of confidence through a recall election to be set by the Commission on Election as provided for under Section 71 of the Local Government Code of 1991."[6] However, the said PRA Resolution No. 1 is no longer applicable to her inasmuch as she has already vacated the office of Vice-Mayor on October 11, 1999 when she assumed the position of City Mayor of Santiago City.