DANILO E.

PARAS vs.
COMELEC
G.R. No. 1231269 November 4, 1996
FACTS of the case:
1994:
Petitioner is the incumbent Punong Barangay of Pula, Cabanatuan
City who won the regular Brgy, Election in 1994.

1995:
Registered voters of the said brgy. filed petition for recall before
the COMELEC.

COMELEC scheduled the petition signing on October 14, 1995

and resulted to 29.30% of the registered voter who actually
signed the said petition.

On December 6, 1995. set a new recall election on December 16,

1995.
FACTS of the case:
1995:
Petitioner filed petition for injunction before the RTC of Cabanatuan
City.
RTC issued TRO and later DISMISSED the petition.

1996:
COMELEC, for the third time, re-scheduled the recall election on
January 13, 1996.

HENCE, the instant petition for certiorari.

Contention of the petitioner:
“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”
- Sec 74 (b) of RA no. 7160 –Local Government Code

“The scheduled January 13, 1996 recall election is now barred as the
SK election was set by RA no. 7808 on the first Monday of May 1996
and further claims that the SK election is a regular local election
as supported by Court decision on Associated Labor Union v. Letrondo
case cited by the petitioner.”
Issue:

Whether or not the SK election can be considered

a regular local election.
Ruling:
NO, because:
1. A regular election, whether national or local, can only refer to an
election participated in by those who possess the right of suffrage,
are not otherwise disqualified by law, and who are registered voters.
One of the requirements for the exercise of suffrage under Section 1,
Article V of the Constitution is that the person must be at least 18
years of age, and one requisite before he can vote is that he be a
registered voter pursuant to the rules on registration prescribed in the
Omnibus Election Code (Section 113-118).

2. Under the law, the SK includes the youth with ages ranging from 15 to 21
(Sec. 424, Local Government Code of 1991). Accordingly, they include
many who are not qualified to vote in a regular election ,… those
from ages 15 to less than 18. In no manner then should SK elections
be considered a regular election (whether national or local)
Stat. Con Principle
Presumption against INEFFECTIVENESS

The subject provision of the Local Government Code

provides:

Sec. 74. Limitations on Recall – (a) Any elective local

official may be the subject of a recall election only once
during his term of office for loss of confidence.

(b) No recall shall take place within one (1) year form the
date of the official’s assumption to office or one (1) year
immediately preceding a regular local election.
Stat. Con Principle

Presumption against INEFFECTIVENESS

“ In the Interpretation of a statute, the Court

should start with the assumption that the
legislature intended to enact an EFFECTIVE
STATUTE.”