G.R. No. 126576 - Angobung vs. Commission on Elections

Petitioner Ricardo M. Angobung was elected Mayor of Tumauini, Isabela in the 1995 local elections, garnering 55% of votes.
Private respondent Ma. Aurora Siccuan de Alban was a rival candidate in the same election.

In early September 1996, de Alban filed a Petition for Recall with the Local Election Registrar, signed only by herself.
The petition was forwarded to COMELEC Manila; Deputy Executive Director Joson recommended its approval on October 8, 1996.
On October 15, 1996, COMELEC En Banc issued Resolution No. 96-2951:

Approved the recall petition despite a single signature.
Set November 9, 1996 as the date for other voters to sign until 25% of registered voters is reached.
Scheduled the recall election for December 2, 1996 if the 25% threshold is met.

Petitioner filed a petition for certiorari and secured a Temporary Restraining Order (TRO) on October 25, 1996.
De Alban moved to lift the TRO, arguing (a) the one-year bar issue was settled in Paras v. COMELEC and (b) COMELEC’s two-stage signature procedure mirrors Resolution No. 2272 upheld in Sanchez and Evardone.
Petitioner challenged Resolution No. 96-2951 as unconstitutional for (a) permitting a one-person initiatory petition and (b) scheduling the recall within one year of the May 1997 Barangay Elections.

Whether COMELEC erred in approving a recall petition filed by only one voter, thereby violating the 25% signature requirement of Section 69(d), Local Government Code of 1991 (RA 7160).
Whether the scheduling of the recall election on December 2, 1996 falls within the prohibited one-year period before a “regular local election” under Section 74, RA 7160.