Paras v.

COMELEC
Case No. 196
G.R. No. 123169 (November 4, 1996)
Chapter VI, Page 259, Footnote No. 50
FACTS:
A petition for recall was filed against Paras, who is the incumbent Punong
Barangay. The recall election was deferred due to Petitioner’s opposition that under
Sec. 74 of RA No. 7160, no recall shall take place within one year from the date of the
official’s assumption to office or one year immediately preceding a regular local
election. Since the Sangguniang Kabataan (SK) election was set on the first Monday
of May 2006, no recall may be instituted.
ISSUE:
W/N the SK election is a local election.
HELD:
No. Every part of the statute must be interpreted with reference to its context,
and it must be considered together and kept subservient to its general intent. The
evident intent of Sec. 74 is to subject an elective local official to recall once during his
term, as provided in par. (a) and par. (b). The spirit, rather than the letter of a law,
determines its construction. Thus, interpreting the phrase “regular local election” to
include SK election will unduly circumscribe the Code for there will never be a recall
election rendering inutile the provision. In interpreting a statute, the Court assumed
that the legislature intended to enact an effective law. An interpretation should be
avoided under which a statute or provision being construed is defeated,
meaningless, inoperative or nugatory.