RECALL UNDER THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES

Legal Basis

The concept of recall in the Philippines is governed by the Local Government Code of 1991 (Republic Act No. 7160), specifically under Title I, Chapter 5, Section 69 to Section 75. It is one of the mechanisms provided by law to ensure accountability of local government officials. Recall serves as a direct democratic remedy by which the electorate can remove an elected local official before the end of their term for loss of confidence.

Grounds for Recall

The singular ground for initiating recall under Philippine law is loss of confidence. Unlike other accountability mechanisms that may require proving specific misconduct, the recall process is based purely on the collective sentiment of the electorate. It is premised on the democratic right of the people to withdraw their trust from an elected official if they believe the official no longer represents their interests or has otherwise lost the confidence of the public.

Who Can Be Recalled

All elective officials of Local Government Units (LGUs) can be subject to recall. These include:

Provincial Governors and Vice Governors
City and Municipal Mayors and Vice Mayors
Members of the Sanggunian (Provincial, City, or Municipal)

However, members of the Sangguniang Barangay (Barangay Council) and the Punong Barangay (Barangay Captain) are not subject to recall as provided by specific laws concerning barangay officials.

Who May Initiate Recall

The recall process may be initiated by either:

Registered Voters: A recall can be initiated directly by registered voters of the LGU through a petition signed by a specific percentage of the voters. The required percentage varies depending on the size of the population of the LGU:
- For LGUs with up to 20,000 voters: At least 25% of the total registered voters are needed.
- For LGUs with more than 20,000 but less than 75,000 voters: At least 20% of the total registered voters.
- For LGUs with more than 75,000 but less than 300,000 voters: At least 15% of the total registered voters.
- For LGUs with over 300,000 voters: At least 10% of the total registered voters.
The Preparatory Recall Assembly (PRA): This assembly consists of local government officials elected in the previous election. The assembly can initiate recall by a majority vote of all its members, only for officials holding positions in the province, city, or municipality concerned. This option is unavailable for barangay officials.

Timing of Recall

There are strict time limitations regarding when recall may be initiated:

Within the first year of the term of office of an official, no recall can be initiated.
After the second year of the official's term, no recall can be initiated.
Therefore, the window to initiate a recall is during the second year of the official's term. For instance, if a local official's term began in 2022, recall proceedings can only occur between 2023 and 2024.

Furthermore, only one recall election can be held for an official during their term.

Procedure for Recall by Voters' Petition

Filing of Petition: The recall petition, signed by the required percentage of registered voters, must be submitted to the Commission on Elections (COMELEC). The petition must specify the names of the petitioners, their signatures, addresses, and precinct numbers, as well as the specific reasons for loss of confidence.
Verification by COMELEC: Upon receipt of the petition, COMELEC must verify the signatures to ensure that the required number of voters has been met. This involves a physical verification process, often including the examination of voter records and the conduct of hearings.
Scheduling of Recall Election: Once verified, the COMELEC will schedule the recall election not earlier than 30 days but not later than 45 days from the time the petition is found sufficient, or 90 days in cases where the LGU is located in the Autonomous Region in Muslim Mindanao (ARMM).
Election Campaign: The official who is the subject of recall, along with other candidates who may file their candidacies, will be allowed to campaign for the position.
The Recall Election: The electorate of the concerned LGU will vote to either retain the incumbent official or elect a replacement. The incumbent automatically becomes a candidate in the recall election.

Effect of Recall Election

If the incumbent official wins the recall election, they will remain in office for the remainder of the term. However, if the official loses, the winner of the recall election will serve for the remainder of the unexpired term of the recalled official.

Prohibition on Resignation to Avoid Recall

An official cannot resign to avoid a recall election. Any resignation tendered after the filing of a recall petition will not prevent the continuation of the recall process. This is to ensure that an official cannot use resignation as a means of evading the democratic process.

Limitations on Recall Elections

Frequency: Only one recall election can be conducted within the term of an elected official.
Term Restrictions: A local official who has been recalled and subsequently won the recall election cannot be subjected to another recall for the remainder of their term.

Role of the COMELEC

The COMELEC plays a critical role in the recall process. It has the authority to:

Determine the sufficiency of the recall petition.
Conduct the verification of the signatures.
Organize and oversee the recall election.
Set rules and regulations regarding the recall process to ensure fairness and transparency.

Supreme Court Decisions on Recall

There have been significant rulings by the Supreme Court related to the recall process:

Angobung v. COMELEC (1995): The Court ruled that the petition for recall must comply strictly with the procedural and substantive requirements under the Local Government Code. This case emphasized the importance of the verification process.
Terse v. COMELEC (1997): The Court upheld the power of the Preparatory Recall Assembly to initiate a recall process, affirming that this body is a legitimate source of initiating recall in local government units.
Monsale v. COMELEC (2010): The Court reiterated that the recall mechanism is a valid and democratic method of ensuring public officials' accountability, as long as it is exercised within the parameters provided by the law.

Conclusion

Recall is an essential component of the political law system in the Philippines as it ensures accountability and gives the people a direct mechanism to express their loss of confidence in their local leaders. While limited in application—given the time restrictions, procedural requirements, and the single-use limit—recall serves as a reminder that sovereignty resides in the people and that elected officials are accountable to them throughout their term.