MANILA, Philippines – The power to recall a local elective official due to loss of confidence shall be exercised by registered voters of the local government unit (LGU) where the official serves. Any provincial, city, municipal, or barangay official may be subjected to a recall.

No recall proceedings can take place within a year from the date of the local officials’ assumption of office and within a year before a regular local election. Since a term for local officials consists of 3 years, this limits the initiation of recall proceedings within their second year in office.

The recall process begins with the collection of signatures from supporters of the recall petition. Upon reaching a sufficient number of signatures, the petitioners should formally file the recall petition before the Commission on Elections (Comelec).

The poll body would verify the signatures and, once the petition is determined as sufficient in form and substance, set a date for the recall election.

If the local official loses the election, he or she is ousted from office.

These are the required number of petitioners for a recall petition, according to the Local Government Code:

There are additional restrictions set by the Local Government Code:

• A local official may be subjected to a recall election only once during his term of office.
• While the recall process is ongoing, the local official sought to be recalled cannot resign.

There was previously an option for a “preparatory recall assembly” to initiate the recall. It was composed of elected officials in the LGU concerned. A provincial recall assembly, for example, consists of all the mayors, vice mayors, and councilors in the province.

But the preparatory recall assembly was discontinued in 2004, following amendments in the Local Government Code through Republic Act 9244.

Past petitions, election

From 2010 to 2012, there were 38 recall petitions filed before the Comelec, but not one resulted in an actual recall election.

These include recall petitions against Samar Governor Sharee Ann Tan and Vice Governor Stephen James Tan in 2010, and Palawan Governor Abraham Khalil Mitra in 2011.

Nine mayors, 7 vice mayors, 18 city and municipal councilors, and a barangay captain were sought to be recalled during that period.

These petitions are now deemed cancelled because of the 2013 midterm elections.

As of September 2014, there are 5 pending recall petitions before the Comelec.

Meanwhile, the last recall election in the country took place more than a decade ago, on April 26, 2003, in Agoo, La Union. The municipal recall assembly sought to recall Vice Mayor Ramil Lopez for “wanton neglect of duties.”

Councilor Sheila Milo ran against Lopez and defeated him in that election. – Rappler.com