Q: What law provides for the recall of local elective government officials?
A: Recall of an elective local government official is provided for under Republic Act No. 7160, otherwise known as Local Government Code of 1991.
Q: What constitutional body implements the recall process?
A: The Commission on Elections implements the recall process under Comelec Resolution 10649 promulgated last January 31, 2020 entitled REVISED RULES AND REGULATIONS FOR INSTITUTING RECALL OF ELECTIVE LOCAL GOVERNMENT OFFICIALS UNDER REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE “LOCAL GOVERNMENT CODE OF 1991”, AS AMENDED BY REPUBLIC ACT NO. 9244.
Q: What is the definition of recall?
A: Recall refers to the power of the electorate to remove an elected local official from office before the end of that official’s term of office for loss of confidence through an election called for the purpose. (Section 1
(a) Comelec Resolution 10649, Promulgated January 31, 2020).
Q: What is recall election?
A: Recall election refers to the election process conducted pursuant to a valid petition for recall (Section 1 (b) Comelec Resolution 10649, Promulgated January 31, 2020).
Q: Who may exercise the power of recall?
A: The power of recall shall be exercised by the registered voters with “active” registration record status of a local government unit to which the local elective official subject of the petition for recall was elected.
(Section 2, Comelec Resolution 10649, Promulgated January 31, 2020).
Q: Who are subject to a recall election and what is the ground?
A: Any elective provincial, city, municipal or barangay official may be the subject of a recall election on the ground of loss of confidence.
Elective Sangguniang Kabataan (SK) positions are not subject to a recall election pursuant to Sec. 27 (d) of Republic Act No. 8189. (Section 3, Comelec Resolution 10649, Promulgated January 31, 2020).
Q: When is the period to file a petition for recall?
A: A petition for recall may be filed at any time after the assumption to office of the official sought to be recalled: Provided, That the recall election shall be conducted not earlier than one (1) year from the date of
assumption to office and not later than one (1) year immediately preceding the next regular local election. The term “next regular local election” means the regular local elect ion where the position of the official sought to be recalled is to be contested and filled by the electorate. (Section 4, Comelec Resolution 10649, Promulgated January 31, 2020).
Q: Where do you file a petition for recall?
A: A petition for recall shall be filed in the following field offices of the Commission on Election:
- A petition for the recall of an elective city, municipal or barangay official shall be filed with the Office of the Election Officer (OEO) of the city or municipality where the official sought to be recalled belongs.
In case the official sought to be recalled is the Mayor or Vice Mayor of cities with two or more OEOs, the petition may be filed with any of the OEO.
In case the official sought to be recalled is a member of the Sangguniang Panlungsod in cities divided into legislative or councilor districts, the petition may be filed with the OEO of the district where the official sought to be recalled belongs.
- A petition for recall of an elective provincial official shall be filed with the Office of the Provincial Election Supervisor (OPES) of the province where the official sought to be recalled belongs.
(Section 5, Comelec Resolution 10649, Promulgated January 31, 2020).
Q: Who may file a petition for recall?
A: Any registered voter in a local government unit supported by the registered voters in the same local government unit, who are registered as such during the election in which the local official sought to be recalled was elected, may file a petition for recall, subject to the following percentage requirements:
Not more than 20,000 At least twenty-five percent (25%) of the voting population
At least 20,000 but not more than 75,000 At least twenty percent (20%) but not less than 5,000
At least 75,000 but not more than 300,000 At least fifteen percent (15%) but not less than 15,000
Over 300,000 At least ten percent (10%) but not less than 45,000
(Section 6, Comelec Resolution 10649, Promulgated January 31, 2020).
Q: How do you file a petition for recall?
A: In case the subject of a petition for recall is an elective official of a city, municipality or barangay, the initiating petitioner shall personally sign the petition before the Election Officer (EO) concerned, or the EO’s
authorized representative, and file the petition with the office of the same EO.
In case the subject of recall is an elective provincial official, the initiating petitioner shall personally sign the petition before the Provincial Election Supervisor (PES) concerned and file the petition with the office of the same PES. (Section 7, Comelec Resolution 10649, Promulgated January 31, 2020).
Q: Who may participate in a recall election?
A: All registered voters of the local government unit concerned, with active registration status, as of the day of the recall election, may vote in the recall election. (Section 25, Comelec Resolution 10649, Promulgated
January 31, 2020).
Q: What is the effectivity of recall?
A: The recall of an elective 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 recall election.
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.
Termination from office of the official sought to be recalled due to causes such as removal from office, death, total disability, permanent incapacity or succession to the next higher position, shall bar the recall and render it moot and academic. (Section 26, Comelec Resolution 10649, Promulgated January 31, 2020).
Q: Can the official sought to be recalled allowed to resign?
A: The official sought to be recalled shall not be allowed to resign upon the filing of a petition for recall and while the recall process is in progress. (Section 27, Comelec Resolution 10649, Promulgated January 31, 2020).
Q: What are the limitations on recall?
A: Any elective official may be the subject of recall election only once during his term of office. 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. (Section 28, Comelec Resolution 10649, Promulgated January 31, 2020).
Q: When is the setting of recall election?
A: If the Commission of Elections determines that the petition for recall is valid, the Commission shall set the date of the recall election, taking into consideration the limitations on the conduct of recall elections
that “Any elective official may be the subject of recall election only once during his term of office. 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. (Section 24, Comelec Resolution 10649, Promulgated January 31, 2020)”
The official or 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. (Section 28, Comelec Resolution 10649, Promulgated January 31, 2020).