10/14/2019 Case Digest: Paras vs Comelec

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July 24, 2016

CASE DIGEST: PARAS VS COMELEC

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PARAS v COMELEC

G.R. No. 123169

Facts:
Petitioner is an elected barangay chairman of Pula, Cabanatuan City in 1994.
Sometime in October 1995, A petition for his recall as Punong Barangay was filed
by his constituents. Public respondent COMELEC resolved to approve the petition
and set the recall election on November 13. In view of the petitioner’s opposition,
COMELEC deferred the election and rescheduled it on December 16, 1995. To
prevent the recall election from taking place, the petitioner filed a petition for
injunction before the RTC. The trial court issued a TRO. After conducting a
summary hearing, the court dismissed the petition and lifted the restraining order.
The public respondent on a resolution date January 5, 1996, rescheduled the
recall election to be held January 13, 1996. Hence, this petition for certiorari. The
petitioner argues the pursuant to Section 74b of the Local Government code: “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", petitioner
insists that the scheduled January 13, 1996 recall election is now barred (SK)
election was set on the first Monday of May 1996.

Issue:
Whether or not the recall election in question is in violation to the provisions of
Section 74b of the Local Government Code.

Held:
It is a rule in statutory construction that every part of the statute must be
interpreted with reference to the context, that every part of the statute must be
considered together with the other parts, and kept subservient to the general
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10/14/2019 Case Digest: Paras vs Comelec

intent of the whole enactment. Paras’ interpretation of the law is too literal that it
does not accord with the intentions of the authors of the law. The spirit rather that
the letters of a law determines its construction. Hence, it was held that the
“regular local election” refers to an election where the office held by the local
elective official sought to be recalled.

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COMMENTS

criminologists July 3, 2018 at 11:13 AM

great case, any ways, the comelec voter registration for the 2019 national election has already
began, it will last until September 29, 2018.

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