Title Two - Chapter 5
RECALL
Sec. 69. By Whom Exercised. - The power of recall for loss of confidence shall be exercised by the
registered voters of a local government unit to which the local elective official subject to such recall
belongs.
Sec. 70. Initiation of the Recall Process. a.
Recall may be initiated by a preparatory recall assembly or by the registered voters of the local
government unit to which the local elective official subject to such recall belongs.
b.
There shall be a preparatory recall assembly in every province, city, district, and municipality
which shall be composed of the following:
1.
Provincial level. - All mayors, vice-mayors, and Sanggunian members of the
municipalities and component cities;
2.
City level. - All Punong Barangay and Sangguniang Barangay members in the city;
3.
Legislative District level. - In cases where Sangguniang Panlalawigan members are
elected by district, all elective municipal officials in the district; and in cases where
Sangguniang Panlungsod members are elected by district, all elective Barangay
officials in the district; and
4.
Municipal level. - All Punong Barangay and Sangguniang Barangay members in the
municipality.
c.
A majority of all the preparatory recall assembly members may convene in session in a public
place and initiate a recall proceeding against any elective official in the local government unit
concerned. Recall of provincial, city, or municipal officials shall be validly initiated through a
resolution adopted by a majority of all the members of the preparatory recall assembly
concerned during its session called for the purpose.
d.
Recall of any elective provincial, city, municipal, or Barangay official may also be validly
initiated upon petition of at least twenty-five percent (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.
1.
A written petition for recall duly signed before the election registrar or his
representative, and in the presence of a representative of the petitioner and a
representative of the official sought to be recalled, and in a public place in the
province, city, municipality, or Barangay, as the case may be, shall be filed with the
Comelec through its office in the local government unit concerned. The Comelec or its
duly authorized representative shall cause the publication of the petition in a public
and conspicuous place for a period of not less than ten (10) days nor more than twenty
(20) days, for the purpose of verifying the authenticity and genuineness of the petition
and the required percentage of voters.
2.
Upon the lapse of the aforesaid period, the Comelec or its duly authorized
representative shall announce the acceptance of candidates to the position and
thereafter prepare the list of candidates which shall include the name of the official
sought to be recalled.
Sec. 71. Election on Recall. - Upon the filing of a valid resolution or petition for recall with the
appropriate local office of the Comelec, the Commission or its duly authorized representative shall set
the date of the election on recall, which shall not be later than thirty (30) days after the filing of the
resolution or petition for recall in the case of the Barangay, city, or municipal officials, and forty-five
(45) days in the case of provincial officials. The official or officials sought to be recalled shall
automatically be considered as duly registered candidate or candidates to the pertinent positions and,
like other candidates, shall be entitled to be voted upon.
Sec. 72. Effectivity of Recall. - The recall of an elective local official shall be effective only upon the
election and proclamation of a successor in the person of the candidate receiving the highest number
of votes cast during the election on recall. Should the official sought to be recalled receive the highest
number of votes, confidence in him is thereby affirmed, and he shall continue in office.
Sec. 73. Prohibition from Resignation. - The elective local official sought to be recalled shall not be
allowed to resign while the recall process is in progress.
Sec. 74. Limitations on Recall. a.
Any elective local official may be the subject of a recall election only once during his term of
office for loss of confidence.
b.
No recall shall take place within one (1) year from the date of the official's assumption to office
or one (1) year immediately preceding a regular local election.
Sec. 75. Expenses Incident to Recall Elections. - All expenses incident to recall elections shall be
borne by the Comelec. For this purpose, there shall be included in the annual General Appropriations
Act a contingency fund at the disposal of the Comelec for the conduct of recall elections.
