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:
|Voting Population in LGU||Required Percentage/Number of Petitioners|
|Less than 20,000||At least 25%|
|20,000 – 74,999||At least 20%, but not less than 5,000|
|75,000 – 299,999||At least 15%, but not less than 15,000|
|More than 300,000||At least 10%, but not less than 45,000|
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.
|Year||Local Gov’t Unit||Official(s) Sought to be Recalled|
|2010||Samar||Governor Sharee Ann Tan|
|Vice Governor Stephen James Tan|
|2011||Bani, Pangasinan||Mayor Marcelo Navarro|
|Vice Mayor Filipina Rivera|
|Councilors Rosalinda Acenas, Ruben Ampler, Tamerlane Olores, and Cothera Gwen Yamamoto|
|San Manuel, Tarlac||Vice Mayor Emmalyn Rillera|
|Councilor Melvin Malazo|
|Palawan||Governor Abraham Kahlil Mitra|
|Rizal, Palawan||Mayor Nicolas Montaño, Sr.|
|Roxas, Palawan||Mayor Ma. Angela Sabando|
|Pasacao, Camarines Sur||Mayor Asuncion Arceño|
|Councilor Niño Tayco|
|Cortes, Bohol||Vice Mayor Danilo Montero|
|Danao City, Cebu||Mayor Ramon Durano Jr|
|Vice Mayor Ramon Durano III|
|Councilors Marilou Camaongay-Flores, Jorge John Cane, Cynthia Duterte, Jovilina Enriquez, Alejandro Lawas, Miguel Antonio Magpale, Carmen Remedios Meca, Roland Reyes, and Jose Thaddeus Roble Jr|
|Samboan, Cebu||Vice Mayor Rogelio Capa|
|Councilor Jeffrey Catipay|
|Rajah Buayan, Maguindanao||Mayor Yacob Lumenda Ampatuan|
|Simunul, Tawi-Tawi||Mayor Nazif Ahmas Bayo Abdurrahman|
|2012||Gapan City, Nueva Ecija||Mayor Christian Tinio|
|Vice Mayor Rodel Matias|
|Councilors Marcelino Alvarez and Eliser Padiernos|
|Dumaran, Palawan||Mayor Medwin Pablico|
|El Nido, Palawan||Vice Mayor Edgardo Trinidad|
|Brgy. Kemdeng, San Vicente, Palawan||Barangay Captain Daniel Latube|
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