BARROSO v.

AMPIG
G.R. No. 138218; March 17, 2000

FACTS:
Petitioner Barroso and private respondent Escobilio were candidates for mayor of the municipality of
Tampakan, Cotabato in May 11, 1998 elections. Private respondent filed with the COMELEC several cases
against petitioner which was dismissed by the COMELEC. Pending appeal, the Municipal Board of Canvassers
of Tampakan, on July 17, 1998, proclaimed petitioner as the winning mayoralty candidate.
On July 27, 1998, private respondent filed with the Regional Trial court, Branch 24, Koronadal, South Cotabato
a petition contesting petitioner's election. Private respondent failed to disclose to the court the pendency of two
pre-proclamation controversies - SPC 98-009 and SPC 98-124. Thus petitioner sought for the dismissal of the
petition for non-compliance with Supreme Court Administrative Circular No. 04-94 and Section 5, Rule 7 of the
1997 Rules on Civil Procedure. Private respondent claims that there was no need to mention the two cases
because they were deemed abandoned and rendered moot and academic upon the filing of the election
contest.

ISSUES:
Whether Pre-Proclamation cases pending before the COMELEC were deemed terminated beginning the term
of the office involved.

HELD:
SPC 98-124 was terminated pursuant to the provisions of Section 16 of Republic Act (R.A.) No. 7166 and
Comelec Omnibus Resolution No. 3049 on pending cases dated June 29, 1998. All pre-proclamation cases
pending before the Comelec in the May 11, 1998 elections were deemed terminated at noon of June 30, 1998,
the beginning of the term of office involved; and the rulings of the board of canvassers concerned were
deemed affirmed, without prejudice to the filing of a regular election protest by the aggrieved party. SPC 98-
124 before the Comelec was an appeal from the ruling of the board of canvassers, hence, was deemed
terminated by noon of June 30, 1998. When private respondent filed the election contest on July 27, 1998,
SPC 98-124 had already been terminated.