RECALL

It is the mode of removal of a public officer by the people before the end of his term of office, which
shall be exercised by the registered voters of a Local Government Unit (LGU) to which the local
elective official subject of such recall belongs. The people’s prerogative to remove a public officer is
an incident of their sovereign power. Such power has been held to be indispensable for the proper
administration of public affairs. It is a fundamental right of the people in a representative democracy.

The Ground for initiating Recall:

The only ground for recalling an officer is loss of confidence. (Claudio v COMELEC)

The Limitations on holding of Recall Elections under RA 7160, Section 74:

Recall Election is potentially disruptive of the normal working of the local government unit which
requires additional expenses. The following are the prohibitions for the conduct of Recall Election.

1. Holding of such election more than one during the term of office of an elective official.

2. Holding of such election within one year from the date the official assumed office.

Rationale for prohibitive period:

No recall shall take place within one year from the date of assumption of office of official
concerned in order to provide reasonable basis from judging the performance of an elective
official.

3. Holding of a recall election within one year immediately preceding a regular local election.

Rationale for prohibitive period:

No recall shall take place within one year immediately preceding a regular election in order to
avoid the situation wherein the electorate could choose the official’s replacement in the said
election who certainly has a longer tenure in office than a successor elected through a recall
election.

Regular Local Election- is referred to as an election where the office held by the local
Elective official sought to be recalled will be contested and be filled by the electorate.
The Court has held that Sangguniang Kabataan (SK) Elections are not included under the
scope of “Regular Local Elections”

Note: For the Prohibition Period to apply, the approaching regular local election must be one
where the position of the official to be recalled, is to be actually contested and filled by the
electorate.

The Recall Process:

1. Initiation – the method of initiating a recall is now limited to a petition commenced only by the
registered voters in the local unit concerned. RA 9244 abolished the Preparatory Recall Assemblies
(PRA).

At least 25% of the electorate must sign the petition for recall, it cannot be signed by
one person- Section 69 (b) of the Local Government Code of 1991 provides that an official
may be validly initiated upon petition of at least (25%) of the total number of registered voters
in the local government unit concerned during the election in which the local official sought to
be recalled was elected. The law requires that the petition must be of or by at least 25% of the
registered voters and the same does not state that the petition must be signed by at least 25%
of the registered voters.
2. Election on recall – upon the filing of the resolution or petition with the appropriate office of the
COMELEC, the latter shall set the date of the election on recall not later than 30 days for city,
barangay, or municipal officials and 45 days for provincial officials.

3. Effectivity – the recall shall be effective only upon the election and proclamation of the successor
in the person of the candidate who received the most number of votes cast during the election on
recall. Should the person sought to be recalled receive the highest number of votes, confidence in
him is hereby affirmed and he shall continue office.

4. Prohibition on resignation – the elective local official sought to be recalled shall not be allowed to
resign while the recall process is ongoing.