G.R. No. L-36927-28 - Paredes vs. Abad

Petitioners Cresencio Paredes, Venancio Uyan, Belino C. Sunga, and Vicente O. Valley filed election protests under Section 220 of the Election Code of 1971, alleging fraud and other irregularities. They challenged the proclamation and assumption of office of the private respondents, each for a four-year term ending December 31, 1975, with hold-over until successors qualified.

Between April and December 1973, respondent Judges Francisco Men Abad, Lorenzo R. Mosqueda, and Felix T. Caro of various Courts of First Instance dismissed the protests as moot and academic.
They based their orders on Section 9, Article XVII (Transitory Provisions) of the 1973 Constitution (ratified January 17, 1973), which made the original four-year term of elective officials indefinite, concluding the contests lost subject matter.

In the Ifugao protests (G.R. L-36927-28), petitioners accused Judge Men Abad of personal bias because they had opposed his confirmation before the Commission on Appointments and filed criminal charges against him for alleged electioneering.
Judge Men Abad countered that he was exonerated by COMELEC and the Commission on Appointments, and that petitioners’ motives were personal and lacking in merit.

Whether Section 9, Article XVII of the 1973 Constitution, by making elective officials’ original four-year term indefinite, renders moot and academic the election protests filed before ratification.
Whether the Courts of First Instance retain jurisdiction to hear and decide election protests arising from the November 8, 1971 elections, in view of Sections 7 and 8, Article XVII of the 1973 Constitution and the new grant of exclusive jurisdiction to COMELEC over certain contests.
Whether Judge Francisco Men Abad should be disqualified from hearing the Ifugao election protests due to alleged bias and lack of impartiality.