Who may exercise the power of recall?

The power of recall for loss of confidence shall be

exercised by the registered voters of a local government unit (LGU) to which the local electiveofficial
subject to such recall belongs.

What are the legal provisions governing the process of recall? Section 3, Article X of
the Constitution provides that “Congress shall enact a local government code which shall provide for
a more responsive and accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and referendum xxx.” This is fleshed
out in Republic Act No. 7160, also known as the Local Government Code of 1991, as amended by
R.A. 9244.

Why is there a need to wait for 1 year after an election? One of the limitations under the law is
that “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.”

Can the same elective official be the subject of successive recall elections? Any elective local
official may be the subject of a recall election only once during his term of office for loss of
confidence.

Can the local official subject of recall resign? The elective local official sought to be recalled shall
not be allowed to resign while the recall process is in progress.

How is the recall process initiated? The recall of any elective provincial, city, municipal or
barangay official shall be commenced by a petition of a registered voter in the LGU concerned and
supported by the registered voters in the LGU concerned during the election in which the local
official sought to be recalled was elected. The preparatory recall assembly was already removed as
a means of initiating the recall process.

What are the required percentage of registered voters who must sign the petition?

1. At least 25% in the case of LGUs with a voting population of not more than 20,000.

2. At least 20% in the case of LGUs with a voting population of at least 20,000 but not more than
75,000, provided that in no case shall the required petitioners be less than 5,000.

3. At least 15% in the case of LGUs with a voting population of at least 75,000 but not more
than300,000, provided that in no case shall the required number of petitioners be less than 15,000.

4. At least 10% in the case of LGUs with a voting population of over 300,000, provided that in no
case shall the required petitioners be less than 45,000.

What are the required contents of the petition for recall? The recall petition must contain the
following:

a. The names and addresses of the petitioners written in legible form and their signatures.

b. The barangay, city or municipality, local legislative district and the province to which the
petitioners belong.

c. The name of the official sought to be recalled.

d. A brief narration of the reasons and justifications therefore.

What is the procedure in the recall process? The procedure in the process of recall:

1. A written petition for recall duly signed by the representatives of the petitioners before the election
registrar or his representative, shall be filed with the COMELEC through its office in the LGU
concerned.

2. The COMELEC shall, within 15 days from the filing of the petition, certify to the sufficiency of the
required number of signatures. Failure to obtain the required number of signatures automatically
nullifies the petition.

3. If the petition is found to be sufficient in form, the COMELEC or its duly authorized representative
shall, within 3 days form the issuance of the certification, provide the official sought to be recalled a
copy of the petition, cause its publication a national newspaper of general circulation and a
newspaper of general circulation in the locality, once a week for 3 consecutive weeks at the expense
of the petitioners and at the same time post copies thereof in public and conspicuous places for a
period of not less than 10 days nor more than 20 days, for the purpose of allowing interested parties
to examine and verify the validity of the petition and the authenticity of the signatures contained
therein.

4. The COMELEC or its duly authorized representatives shall, upon issuance of certification,
proceed independently with the verification and authentication of the signatures of the petitioners
and registered voters contained therein. Representatives of the petitioners and the official sought to
be recalled shall be duly notified and shall have the right to participate therein as mere observers.
The filing of any challenge or protest shall be allowed within the period provided in the immediately
preceding paragraph and shall be ruled upon with finality within 15 days from the date of filing of
such protest or challenge;

5. Upon the lapse of the aforesaid period, the COMELEC or its duly authorized representative shall
announce the acceptance of candidates to the positive and thereafter prepare the list of candidates
which shall include the name of the official sought to be recalled. The officials sought to be recalled
shall automatically be considered as duly registered candidate or candidates to the pertinent
positions and, like other candidates, shall be entitled to be voted upon.

When is the recall effective? The recall of an elective local official shall be effective only upon the
election and proclamation of a successor in the person of the candidate receiving the highest
number of votes cast during the election on recall. Should the official sought to be recalled receive
the highest number of votes, confidence in him is thereby affirmed, and he shall continue in office.

It is Republic Act No. 7160 “An Act Providing For A Local Government Code of 1991”
that provided for the mechanisms of recall election in our country.

In the Philippines, the valid ground for the instigation of the recall election protest
against local government officials is loss of confidence.
The exercise of the electorate of their power to initiate a recall election is subject to
limitations under the law, one of which is that no recall election can be initiated within
one year after a regular election.

Also, any elective official can be subjected to only one recall election during his or her
term. Said elective official being subjected to the recall process is not allowed to resign.

The process of recall is initiated against an elective official of the barangay,

municipality, city or province by a registered voter in the local government unit
concerned and supported by the registered voters in the concerned LGU.

Said support should pass the required percentage: At least 25% for an LGU with a
voting population of not more than 20, 000. For LGUs with a voting population that is at
least 20, 000 but not more than 75, 000, the required percentage is 20% provided that
the required petitioners should not be less than 5, 000. For LGUs with a voting
population at least 75, 000 but not more than 300, 000, the required percentage is 15%
provided that the required petitioners should not be less than 15,000. And for LGUs with
a voting population that is over 300, 000, the required percentage is 10%, provided that
the required petitioners should not be less than 45, 000.

As for the recall petition, it should contain the following: The names and addresses of
the petitioners written in legible form with their signatures; the barangay, municipality,
city, local legislative district and province to which the petitioner belong; the name of the
official sought to be recalled; and a brief narration of the reasons or justifications
therefore.

Said written petition should be signed before the election registrar or his chosen
representative, after which it should be filed with Commission on Elections thru its office
in the LGU concerned.

Within fifteen days after the filing of the petition, the COMELEC should ascertain if it met
the required percentage. If not, the petition is automatically nullified.

If the petition is found to be sufficient in form, the COMELEC or its duly authorized
representative shall, within 3 days form the issuance of the certification, provide the
official sought to be recalled a copy of the petition, cause its publication a national
newspaper of general circulation and a newspaper of general circulation in the locality,
once a week for 3 consecutive weeks at the expense of the petitioners and at the same
time post copies thereof in public and conspicuous places for a period of not less than
10 days nor more than 20 days, for the purpose of allowing interested parties to
examine and verify the validity of the petition and the authenticity of the signatures
contained therein.

The COMELEC or its duly authorized representatives shall, upon issuance of

certification, proceed independently with the verification and authentication of the
signatures of the petitioners and registered voters contained therein. Representatives of
the petitioners and the official sought to be recalled shall be duly notified and shall have
the right to participate therein as mere observers. The filing of any challenge or protest
shall be allowed within the period provided in the immediately preceding paragraph and
shall be ruled upon with finality within 15 days from the date of filing of such protest or
challenge.

Upon the lapse of the aforesaid period, the COMELEC or its duly authorized
representative shall announce the acceptance of candidates to the positive and
thereafter prepare the list of candidates which shall include the name of the official
sought to be recalled. The officials sought to be recalled shall automatically be
considered as duly registered candidate or candidates to the pertinent positions and,
like other candidates, shall be entitled to be voted upon.

The recall of an elective local official shall be effective only upon the election and
proclamation of a successor in the person of the candidate receiving the highest
number of votes cast during the election on recall. Should the official sought to be
recalled receive the highest number of votes, confidence in him is thereby affirmed, and
he shall continue in office