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I-23 Paras v. COMELEC

The petitioner, Danilo Paras, was an elected Barangay Chairman who was subject to a recall petition by constituents in October 1995. COMELEC approved the recall petition and scheduled elections in November 1995 and December 1995, but these were postponed due to opposition from Paras. Paras argued the recall election scheduled for January 1996 violated the Local Government Code, which prohibits recall elections within one year of assumption of office or one year before a regular local election. However, the Supreme Court ruled the recall election did not violate the Code when considering the context and general intent of the law. The Court determined "regular local election" refers specifically to elections for the office subject to recall. Therefore, the recall election could proceed as

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84 views1 page

I-23 Paras v. COMELEC

The petitioner, Danilo Paras, was an elected Barangay Chairman who was subject to a recall petition by constituents in October 1995. COMELEC approved the recall petition and scheduled elections in November 1995 and December 1995, but these were postponed due to opposition from Paras. Paras argued the recall election scheduled for January 1996 violated the Local Government Code, which prohibits recall elections within one year of assumption of office or one year before a regular local election. However, the Supreme Court ruled the recall election did not violate the Code when considering the context and general intent of the law. The Court determined "regular local election" refers specifically to elections for the office subject to recall. Therefore, the recall election could proceed as

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G S
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Badge: Context and related clauses, election, recall, barangay chairman

Caption: Danilo E. Paras v. Commission on Elections, GR 123169, 4 November 1996, Davide Jr., J.

Syllabus: It is a rule in statutory construction that every part of the statute must be interpreted with
reference to the context, i.e., that every part of the statute must be considered together with the
other parts, and kept subservient to the general intent of the whole enactment

Facts: Danilo Paras is an elected Barangay Chairman of Pula, Cabanatuan City in 1994. In October
1995, a petition for his recall as Chairman was filed by his constituents. 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: W/N the recall election in question is in violation to the provisions of Section 74b of the Local
Government Code.

Ruling: No. Recall election is not violation to the provisions of Section 74b of the Local Government
Code. 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 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.

Fallo: ACCORDINGLY, the petition is hereby dismissed for having become moot and academic. The
temporary restraining order issued by the Court on January 12, 1996, enjoining the recall election
should be as it is hereby made permanent.

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