Paras v. COMELEC G.R. NO. 123169 NOV.

4, 1996

Doctrine: In the interpretation of a statute, the Court should start with the assumption that the legislature
intended to enact an effective statute.

Facts: Danilo Paras is the Punong Barangay Barangay Pula of Cabanatuan City. A petition for his recall
was filed by the registered voters of the barangay. Respondent, COMELEC approve the petition and
scheduled the petition signing on Oct. 14, 1995 and set recall election on Nov. 13, 1995. At least 29.30%
signed the petition which is higher than the requirement provided by law. COMELEC however deferred
the recall based on petitioner’s argument citing RA 7160 which states that “no recall shall take place
within 1 year from the date of the assumption to office or 1 year immediately preceding a regular local
elections. The recall was barred by the upcoming SK elections which was set by RA 7808. Petitioner
maintains that the SK elecetion was a regular election citing the case of Associated Labo Unions v.
Letrondo Montejo.

Issue: WON SK election can be considered as local election

Ruling: The petitioner’s interpretation to include SK election unduly circumscribe the novel provision of
the Local Government Code on recall and if the SK election which is set by RA 7808 to be held every
three years from May 1996 were deemed to be the purview of the phrase “regular local election” as
insisted by petitioner then no recall can be conducted. Recall this time is no longer possible because of the
limitation stated under the Section 74b of the Code considering that the next regular election involving the
barangay office is barely seven month away. Accordingly, petition was dismissed for having become
moot and academic. The TRO issued by the Court enjoining the recall should made permanent.