PubCorp- Sept.

5, 2011 Chapter V- Recall Sec 69 By whom exercised: registered voters of a local government unit to which the local elective official subject to such recall belongs Cause: loss of confidence Formal withdrawal of the electorate of their trust in a persons ability to discharge his office previously bestowed on him by the same electorate Nature of right to recall Complementary to the right to elect or appint

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Based on the theory: electorate must maintain a direct and elastic control over public functionaries Representatives of the people holding public office are simply agents or servants of the people with definite powers and specific duties to follow if they wish to remain in their respective offices

Sec 70 Initiation of the Recall Process Reacall applies to: 1. elective official a. city b. municipality c. barangay Commenced through: 1. petition of a registered voter (in the local government concerned 2. supported by the registered voters (in the LGU concerned during the election in which the official to be recalled was elected) Percentage Requirements: Voting population < 20k 20k- 75k 75k- 300k <300k Percentage 25% 20% (petition not less than 5k) 15% (petition not less than 15k) 10 % (petition not less than 45k)

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2. justifications Comelec shall certify to the sufficiency of the required number of signatures a. Within 15 days from filing of petition b. Failure to obtain required humber of signatures: nullifies petition Comelec shall a. provide a copy to (within 3 days from issuance of certification) i. Official sought to be recalled b. Cause its publication i. National newspaper of general circulation ii. Newspaper of general circulation in the locality 1. 3 consecutive weeks 2. @ expense of petitioners c. post copies i. where: 1. public 2. conspicuous places ii. period: 1. not < 10 days or > 20 days iii. purpose: 1. allowing interested parties to examine and verify the validity of the petition and authenticity of signatures Comelec shall proceed with the verification and authentication of the signatures Representatives of the petitioners and the official sought to be recalled shall be notified a. Shall also have right to participate as observers b. Filing of protest i. Ruled with finality within 15 days from the date of filing Comelec/ duly authorized representative shall announce the acceptance of candidates to the position Comelec shall prepare a list of candidates a. Shall include the name of the official sought to be recalled

Procedure: 1. Written petition for recall a. Duly signed i. Representatives of the petitioners before the election registrar/ representative 2. filed with the Comelec a. through its office in its local government concerned 3. Petition to Recall a. Contain: i. Names and addresses of petitioners 1. legible 2. with signatures ii. baranggay, city, municipality or legislative district which the petitioners belong iii. name of official sought to be recalled iv. brief narration 1. reasons

Reasons why alternative mode of initiating recall was adopted 1. diminish difficulty of initiating recall through the direct action of the people 2. cut down its expenses RA 9233- removed the peoples recall assembly Issue of Propriety notices sent to members of People Recall Assembly factual in nature determination of the same is function of COMELEC SC should not disturb o except: patent error or serious inconsistencies in the findings Motion for Reconsideration- pre-requisite to the viability of special civil action for certiorari Sec 71 Election on Recall

upon filing of valid petition for recall

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Comelec/ authorized representative shal set the date of the lection or recall a. Not later than upon completion of procedure in sec 70 i. 30 days 1. baranggay 2. city 3. municipal ii. 45 days 1. provincial The official shall be considered as duly registered candidate to the pertinent positions

Sec 72: Effectivity of recall Only upon the election and proclamation of a successor a. Successor: receiving the highest votes during election on recall b. If the official sought to be recalled obtains highest votes: shall continue office Sec 73: The official sough to be recalled shall not be allowed to resign while the recall process is in progress Sec 74: Limitations 1. any local may be subject of a recall election only once during his term of office for loss of confidence 2. No recall shall take place within 1 year from date of the officials assumption or 1 year immediately proceeding a regular local election Regular local election Where the office held by the local elective official sought to be recalled shall be contested Davide: date of the election not to the elction campaign period Meaning of recall Initiation of recall proceedings not prohibited within the 1 year period Reasons: 1. Voters do not exercise right except on election 2. purpose is to provide voters a sufficient basis for judging a local elective official 3. because to include initiation proceedings would unduly curtail freedom of speech and assembly Sec 75: Expenses incident to recall elections: shouldered by the COMELEC