Recall | Remedies and Jurisdiction | ELECTION LAW

RECALL UNDER ELECTION LAW (POLITICAL LAW AND PUBLIC INTERNATIONAL LAW)

I. Introduction to Recall

Recall is a democratic process under Philippine election law that allows the electorate to remove a local elected official from office before the end of their term. It is an exceptional remedy vested in the people to express dissatisfaction with the performance or conduct of an incumbent official, specifically at the local level. Recall should not be confused with impeachment, which is applicable to higher-ranking officials and follows a different set of legal principles.

The authority and procedures for recall in the Philippines are governed by the Local Government Code of 1991 (Republic Act No. 7160) and are supplemented by relevant jurisprudence and Comelec (Commission on Elections) rules and resolutions.

II. Constitutional and Statutory Basis

• 1987 Constitution: The constitutional foundation for recall is found in Section 3 of Article X, which provides that "The 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." The same provision mandates that a local government code should include mechanisms for "recall, initiative, and referendum."

• Local Government Code of 1991 (R.A. No. 7160): Recall is specifically governed by Sections 69-75 of the Local Government Code. These sections establish the grounds, procedures, and limitations regarding the recall of local officials.

III. Grounds for Recall

Recall is not dependent on any specific administrative or criminal violation. The grounds are dissatisfaction of the people with the performance of the local official. The reasons can be political, administrative, or even moral in nature. The key point is that the electorate must express a lack of confidence in their elected official, typically based on the official’s actions during their tenure.

IV. Who May Be Recalled

Under Section 69 of the Local Government Code, recall may only be initiated against the following officials after they have served at least one (1) year of their term:

1. Provincial Governor
2. Vice Governor
3. Members of the Sangguniang Panlalawigan (Provincial Board)
4. City or Municipal Mayor
5. Vice Mayor
6. Members of the Sangguniang Panlungsod (City Council) or Sangguniang Bayan (Municipal Council)

Note: Barangay officials are not subject to recall under the provisions of the Local Government Code.

V. Who May Initiate Recall

There are two ways by which recall may be initiated:

1. By a Preparatory Recall Assembly (PRA):

   • A Preparatory Recall Assembly is composed of all elected local officials in the concerned local government unit (LGU). For provincial officials, it would include mayors, vice mayors, and sangguniang bayan members. For city and municipal officials, it includes all barangay captains and sangguniang barangay members.
   • The PRA may initiate the recall by a majority vote of its members.

2. By Petition of the Registered Voters:

   • Section 70 allows recall to be initiated by a petition signed by a specified percentage of the registered voters in the concerned LGU. The required percentage varies depending on the number of registered voters:
     • For LGUs with up to 20,000 voters, at least 25% of the registered voters must sign the petition.
     • For LGUs with 20,000 to 75,000 voters, at least 20% of the registered voters.
     • For LGUs with more than 75,000 voters, at least 15% of the registered voters.

VI. Timing and Limitations on Recall

1. Time Period for Recall:

   • Recall may be initiated only after the official has served at least one (1) year in office from the date of their assumption.
   • A recall election must not be conducted within one year before a regular local election. This means that the recall process cannot be used as a political weapon in the immediate lead-up to the regular elections.
   • No elected official can be subjected to more than one recall election within the same term of office.

2. Limitation on the Conduct of the Recall Election:

   • Recall elections must be scheduled and conducted by the Commission on Elections (Comelec), which oversees the entire process, from the verification of signatures to the conduct of the actual recall election.
   • The Comelec is mandated to verify the sufficiency of the petition for recall within 15 days from its submission and, if found sufficient, schedule a recall election within 30 days for cities and municipalities and 45 days for provinces.

VII. Procedure for Recall

1. Filing of the Recall Petition:

   • A verified petition for recall must be filed with the local office of the Comelec. In cases where the petition is initiated by voters, it must be accompanied by signatures and thumbmarks of the required percentage of the electorate.

2. Comelec Verification and Signature Validation:

   • Once the petition is filed, the Comelec is tasked with verifying the sufficiency and authenticity of the signatures within 15 days. The Comelec may conduct a random check to ensure that the signatures are genuine.

3. Scheduling and Conduct of Recall Election:

   • Upon finding the petition sufficient, the Comelec schedules the recall election within 30 days (for cities and municipalities) or 45 days (for provinces). The election follows the usual rules of local elections.

4. Candidates in the Recall Election:

   • The incumbent official is automatically considered a candidate in the recall election. Other candidates may file their certificates of candidacy within a period set by the Comelec.

VIII. Effects of Recall

1. If the Incumbent Wins:

   • If the incumbent official wins the recall election, they will continue to serve the remainder of their term. There is no further recall allowed for that term.

2. If the Incumbent Loses:

   • If the incumbent loses, the winner of the recall election will serve the remainder of the term. However, the official removed via recall is not disqualified from running in the next regular election for the same position.

IX. Remedies and Jurisdiction

1. COMELEC’s Role:

   • The Commission on Elections (Comelec) has exclusive jurisdiction over the conduct of recall elections. It is responsible for verifying the recall petition, setting the election date, and ensuring the proper conduct of the recall election.
   • Any disputes or questions relating to the recall process (e.g., the sufficiency of the petition, the validity of the election) are generally within the exclusive jurisdiction of the Comelec.

2. Judicial Review:

   • Decisions of the Comelec regarding the recall process may be subject to judicial review by the Supreme Court only on grounds of grave abuse of discretion amounting to lack or excess of jurisdiction under Section 7, Article IX-A of the 1987 Constitution.
   • However, courts generally defer to the Comelec’s findings in the absence of manifest errors or abuses.

X. Notable Jurisprudence on Recall

1. Aguinaldo v. Comelec (1992): This case confirmed that the grounds for recall need not be limited to criminal or administrative offenses, but may also arise out of political dissatisfaction. The ruling affirmed the broad discretion given to the electorate in initiating recall proceedings.

2. Angobung v. Comelec (1996): This case clarified that the signature verification process for recall petitions must be thorough and that the Comelec is empowered to verify the sufficiency of signatures in recall petitions.

XI. Conclusion

Recall is a mechanism that allows voters to hold their local officials accountable during their term of office. The process is governed primarily by the Local Government Code and Comelec rules. While it is a powerful tool of direct democracy, it is bounded by strict procedural rules, such as the timing and signature requirements, to prevent abuse. Ultimately, the recall election is a manifestation of the people's sovereignty, allowing them to express their will regarding the leadership of their local government.