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    Case 42 Z.ALA

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    Zushmita Ambolodto Ala
    The Supreme Court ruled that a Sangguniang Kabataan (SK) election cannot be considered a regular local election. This is because SK elections include youth ages 15 to 21 who are not qualified to vote in regular elections as they must be at least 18 years old and registered voters. Considering SK elections as regular local elections would render part of the Local Government Code ineffective, which prohibits recall elections from taking place within a year before or after regular local elections. The Court assumes the legislature intended to enact effective statutes.

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    Case 42 Z.ALA

    Uploaded by

    Zushmita Ambolodto Ala
    30 views8 pages
    The Supreme Court ruled that a Sangguniang Kabataan (SK) election cannot be considered a regular local election. This is because SK elections include youth ages 15 to 21 who are not qualified to vote in regular elections as they must be at least 18 years old and registered voters. Considering SK elections as regular local elections would render part of the Local Government Code ineffective, which prohibits recall elections from taking place within a year before or after regular local elections. The Court assumes the legislature intended to enact effective statutes.

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    Case-42-Z.ALA

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    The Supreme Court ruled that a Sangguniang Kabataan (SK) election cannot be considered a regular local election. This is because SK elections include youth ages 15 to 21 who are not qualified to vote in regular elections as they must be at least 18 years old and registered voters. Considering SK elections as regular local elections would render part of the Local Government Code ineffective, which prohibits recall elections from taking place within a year before or after regular local elections. The Court assumes the legislature intended to enact effective statutes.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    30 views8 pages

    Case 42 Z.ALA

    Uploaded by

    Zushmita Ambolodto Ala
    The Supreme Court ruled that a Sangguniang Kabataan (SK) election cannot be considered a regular local election. This is because SK elections include youth ages 15 to 21 who are not qualified to vote in regular elections as they must be at least 18 years old and registered voters. Considering SK elections as regular local elections would render part of the Local Government Code ineffective, which prohibits recall elections from taking place within a year before or after regular local elections. The Court assumes the legislature intended to enact effective statutes.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 8

    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 theright 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.”

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