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Facts: Held:
Parties are employees of United Dockhandlers, Inc. and are members of rival NO.
groups in the Associated Port Checkers and Workers’ Union (APCWU) in said ● The expiration of the terms of office of the union officers and the election of
company, with Manalad and Babula heading each faction. Sometime in 1982, P officers on 11/28/88 have rendered the issues raised by P in this case moot and
were disqualified from running as candidates in the election of APCWU officers academic. It is pointless and unrealistic to insist on annulling an election of
by the Med- Arbiter, which had been scheduled for 11/ 17/81 but was enjoined officers whose terms had already expired. We would have thereby a judgment on
and ordered reset. However, on appeal, said order was set aside by the BLR a matter which cannot have any practical legal effect upon a controversy, even if
Director on 10/31/84. Thereafter, the election of officers and board members of existing, and which, in the nature of things, cannot be enforced. We must
the union was held on 11/26/84, with the candidates of P winning over R for the consequently abide by our consistent ruling that where certain events or
positions of president, treasurer, and auditor. circumstances have taken place during the pendency of the case which would
o Babula group filed a petition for review with SC assailing the BLR order render the case moot and academic, the petition should be dismissed. Moreover,
which declared P eligible to run for said union offices. it is the better part of conventional or pragmatic solutions in cases of this nature,
o SC: promulgated a resolution, which was immediately executory. 1 absent overriding considerations to the contrary, to respect the will of the majority
BLR Director then took over the management of the affairs of the union. Above of the workers who voted in said elections.
SC decision was modified on 7/17/85 by providing that the special election shall ● We agree with the petitioners that disobedience to a resolution of this Court
be held under the personal supervision of Director Trajano. Meanwhile, on should not be left unpunished. However, before the alleged disobedient party
7/13/85, a motion was filed by P with SC asking that R be cited in contempt and may be cited for contempt, the allegations against him should be clearly
for their disqualification from running in the projected special election due to their established. The contentions of P, even disregarding some evidential
alleged refusal to comply with the resolution. R won in elections and proclaimed deficiencies, do not adequately establish the basis for contempt. On the contrary,
as such by BLR R have satisfactorily answered the averments thereon. At this juncture, it would
o P filed a motion with SC for the annulment of the special election for further be appropriate to remind P that even if the disqualification of R could be
non-compliance (denied but without prejudice to the filing of a proper justified, the candidates of P certainly cannot be declared as the winners in the
petition with the BLR) disputed election. The mere fact that they obtained the second highest number of
o Instant petition was filed, assailing BLR’s order which proclaimed R as votes does not mean that they will thereby be considered as the elected officers
winners and praying that R be disqualified or election be annulled if the true winners are disqualified.
Meanwhile, the 3-year term of R under the disputed 7/20/85 elections expired so
SC required P to show cause why these cases should not be dismissed for being Dispositive
DISMISSED for being moot and academic.
1 1. To DISMISS the petition for lack of merit and to DENY all pending motions incident thereto; Notes
2. (a) To DECLARE VACANT all the offices of the APCWU, and (b) to ORDER that the Condonation doctrine. Where the people have elected a man to office, it must be assumed
petitioners headed by Pablo B. Babula who has held over as acting president since 1981, and all that they did this with knowledge of his life and character, and that they disregarded or
other persons acting as officers of the said union, to cease acting as such upon receipt of this forgave his faults or misconduct, if he had been guilty of any.
resolution, and to turn over immediately the management of the union affairs to respondent BLR
Director, who shall act as caretaker until after a new set of union officers shall have been elected
and duly qualified as provided in the next succeeding paragraph, and accordingly, (c) to GRANT
the motion to transfer the union funds to said respondent BLR Director as such caretaker, which
funds may not be disbursed by him except for urgent union purposes and for necessary
expenses of the election and which funds shall be turned over by him to the new set of union
officers to be duly elected and qualified, as herein provided; and 3. To ORDER the holding of a
special election of union officers under the supervision of the NCR Labor Office not later than
Saturday, July 20, 1985, which shall be governed by the union’s 1978 Constitution and By-Laws
as amended in 1981 (disregarding all subsequent amendments) and the outcome of which shall
be immediately certified as to the president and officers of the union who shall forthwith assume
and discharge the functions of the respective offices to which they shall have been thus elected.”