326577174-Paras-vs-Comelec-Digest-Stat-Con.docx - DANILO E...

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DANILO E. PARAS VS. COMELECG.R. No. 123169, November 4, 1996Facts:Petitioner Danilo E. Paras is the incumbent Punong Barangay of Pula,Cabanatuan City who won during the last regular election in 1994.A petition for his recall as Punong Barangay was filed by the registered votersof the barangay.Acting on the petition for recall, public respondent COMELEC resolved toapprove the petition, scheduled the petition signing on October 14, 1995, andset the recall election on November 13, 1995.At least 29.30% of the registered voters signed the petition, well above the25% requirement provided by law.COMELEC, however, deferred the recall election in view of petitioner’sopposition.On December 6, 1995, COMELEC set anew the recall election, this time onDecember 16, 1995.To prevent the holding of the recall election, petitioner filed before the RTC ofCabanatuan City a petition for injunction, docketed as SP Civil Action No.2254-AF, with the trial court issuing a temporary restraining order.After conducting a summary hearing, the trial court lifted the restrainingorder, dismissed the petition and required petitioner and his counsel toexplain why they should not be cited for contempt for misrepresenting thatthe barangay recall election was without COMELEC approval.In a resolution dated January 5, 1996, COMELEC, for the third time, re-scheduled the recall election on January 13, 1996; hence, the instant petitionfor certiorari with urgent prayer for injunction.

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