Scribd Logo
Upload

Welcome to Scribd!

  • 33 views

    Paras Vs Comelec

    Uploaded by

    Vic Fronda
    This case digest summarizes the case of Paras v Comelec. It discusses that a barangay chairman filed a petition to prevent a recall election from taking place. The trial court dismissed the petition. The key issue is whether the scheduled recall election violated the provision of the Local Government Code that no recall can take place within one year of assumption of office. The Supreme Court ultimately held that the scheduled election did not violate the code because the term "regular local election" refers specifically to an election for the office subject to recall.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Paras Vs Comelec

    Uploaded by

    Vic Fronda
    33 views3 pages
    This case digest summarizes the case of Paras v Comelec. It discusses that a barangay chairman filed a petition to prevent a recall election from taking place. The trial court dismissed the petition. The key issue is whether the scheduled recall election violated the provision of the Local Government Code that no recall can take place within one year of assumption of office. The Supreme Court ultimately held that the scheduled election did not violate the code because the term "regular local election" refers specifically to an election for the office subject to recall.

    Original Description:

    STAT CON

    Original Title

    40. Paras vs Comelec

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case digest summarizes the case of Paras v Comelec. It discusses that a barangay chairman filed a petition to prevent a recall election from taking place. The trial court dismissed the petition. The key issue is whether the scheduled recall election violated the provision of the Local Government Code that no recall can take place within one year of assumption of office. The Supreme Court ultimately held that the scheduled election did not violate the code because the term "regular local election" refers specifically to an election for the office subject to recall.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    33 views3 pages

    Paras Vs Comelec

    Uploaded by

    Vic Fronda
    This case digest summarizes the case of Paras v Comelec. It discusses that a barangay chairman filed a petition to prevent a recall election from taking place. The trial court dismissed the petition. The key issue is whether the scheduled recall election violated the provision of the Local Government Code that no recall can take place within one year of assumption of office. The Supreme Court ultimately held that the scheduled election did not violate the code because the term "regular local election" refers specifically to an election for the office subject to recall.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 3

    10/14/2019 Case Digest: Paras vs Comelec

    ILAWCANO AKO
    Case digests can be pains in the ass. So here are free case digests that I made myself to help fellow Law
    Students.

    July 24, 2016

    CASE DIGEST: PARAS VS COMELEC


    —

    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
    https://jakebrysondancel.blogspot.com/2016/07/case-digest-paras-vs-comelec.html 1/3
    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.

    view full text

    Share

    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.

    REPLY

    Enter your comment...

    POPULAR POSTS

    July 21, 2016

    CASE DIGEST: CALTEX V PALOMAR


    Share Post a Comment

    July 22, 2016

    CASE DIGEST: PEOPLE V MAPA


    Share Post a Comment

    https://jakebrysondancel.blogspot.com/2016/07/case-digest-paras-vs-comelec.html 2/3
    10/14/2019 Case Digest: Paras vs Comelec

    Powered by Blogger

    Theme images by Anna Williams

    Archive

    Report Abuse

    https://jakebrysondancel.blogspot.com/2016/07/case-digest-paras-vs-comelec.html 3/3

    You might also like