EN BANC
[ G.R. No. L-33090, December 29, 1972 ]
LAWYERS LEAGUE FOR BETTER PHIL., AND/OR OLIVER O. LOZANO, PETITIONERS, VS. NATIONAL PRICE CONTROL COUNCIL AND/OR SHELL PHILIPPINES, INC., CALTEX PHILIPPINES, INC., FILOIL REFINERY CORPORATION, MOBIL OIL PHILIPPINES, INC., GETTY OIL PHILIPPINES, INC., ESSO PHILIPPINES, INC.,
RESPONDENTS.
R E S O L U T I O N
FERNANDO, J.:
It is to be remembered that in our resolution of July 6, 1971, respondent Oil Companies, "effective immediately and until further orders from this Court, [were commanded] to desist forthwith from further enforcing the price increases announced * * * midnight of June 30, 1971, and to maintain the prices of oil and petroleum products at the levels set forth in the Price Control Council's order of January 28, 1971."[7] Such a restraining order continued until the Oil Industry Commission began to hold hearings to determine whether price increases were justified. As a matter of fact, its determination is now the subject of pending petitions for review before us, with this Court again having issued a restraining order.[8] Under the circumstances, it would appear clear that the question sought to be litigated by petitioner has indeed become moot and academic. Whatever legal issues of consequence are sought to be ventilated are now within the ken of judicial cognizance in the proceedings for review appropriately before us.
WHEREFORE, the motions to dismiss of respondent Oil Companies are granted, and this petition is declared moot and academic.
Concepcion, C.J., Makalintal, Zaldivar, Teehankee, Barredo, Makasiar, and Esguerra, JJ., concur.
Castro and Antonio, JJ., did not take part.
[1] The respondents are the Shell Philippines, Inc., Caltex Philippines, Inc., Filoil Refinery Corporation, Mobil Oil Philippines, Inc., Getty Oil Philippines, Inc., and Esso Philippines, Inc.
[2] The motion to dismiss was filed by respondents Filoil Marketing Corporation and Filoil Refinery Corporation, by respondent Shell Philippines, Inc., and by respondent Esso Philippines, Inc., all on July 29, 1971; by respondent Caltex Philippines, Inc., on July 30, 1971; by respondent Getty Oil, Inc. on July 31, 1971, and by respondent Mobil Oil, Philippines, Inc. on August 2, 1971.
[3] Republic Act No. 6361.
[4] Ibid, Sec. 1, par. (5).
[5] Supplemental Motion to Dismiss on Grounds that Case is Now Moot and Academic filed by respondent Caltex Philippines, Inc., July 30, 1971, 2-3.
[6] Comment, December 10, 1971.
[7] Resolution, July 6, 1971.
[8] Cf. Ozaeta vs. Oil Industry Commission, G.R. Nos. L-35812-17.