QuestionsQuestions (Republic Act No. 9244)
RA 9244 aims to eliminate the Preparatory Recall Assembly as a mode of initiating recall of elective local officials, and it amends the recall provisions under the Local Government Code (RA 7160), specifically Sections 70 and 71, Book I, Title I, Chapter 5.
Recall is commenced by a petition of a registered voter in the local government unit concerned, supported by the required number/percentage of registered voters in that same local government unit.
At least 25% of registered voters, with a proviso that in no case shall the required petitioners be less than 5,000.
At least 20% of registered voters, with a proviso that in no case shall the required petitioners be less than 5,000.
At least 15% of registered voters, with a proviso that in no case shall the required petitioners be less than 15,000.
At least 10% of registered voters, with a proviso that in no case shall the required petitioners be less than 45,000.
A written petition, duly signed by the petitioners before the election registrar or his representative, shall be filed with the COMELEC through its office in the local government unit concerned.
It must state: (1) names and addresses of petitioners (legible) and their signatures; (2) the barangay/city/municipality, local legislative district, and province to which petitioners belong; (3) the name of the official sought to be recalled; and (4) a brief narration of reasons and justifications.
Within fifteen (15) days from the filing of the petition, the COMELEC must certify to the sufficiency of the required number of signatures. Failure to obtain the required number automatically nullifies the petition.
Within three (3) days from issuance of certification, COMELEC provides the official sought to be recalled a copy of the petition, causes its publication once a week for three (3) consecutive weeks in specified newspapers at the petitioners’ expense, and posts copies in public and conspicuous places for at least ten (10) days but not more than twenty (20) days to allow verification.
A filing of any challenge or protest is allowed within the period provided during the immediately preceding notice/publication stage; the protest/challenge must be ruled upon with finality within fifteen (15) days from the date of filing.
COMELEC (or its duly authorized representative) proceeds independently with verification and authentication of petitioners’ and registered voters’ signatures. Representatives of the petitioners and the official sought to be recalled are notified and may participate as mere observers.
After lapse of the period for challenges/protests, COMELEC announces the acceptance of candidates and prepares the list of candidates, which includes the official sought to be recalled.
COMELEC sets the recall election date: not later than thirty (30) days upon completion of the preceding procedure for barangay, city, or municipal officials; and not later than forty-five (45) days for provincial officials.
Yes. The officials sought to be recalled are automatically considered duly registered candidates to the pertinent positions and may be voted upon like other candidates.
Section 3 provides that all pending petitions for recall initiated through the Preparatory Recall Assembly are considered dismissed upon the effectivity of RA 9244.
RA 9244 amended Section 70 to remove/replace the role of the Preparatory Recall Assembly and to provide a direct recall initiation process with specified signature thresholds, filing, publication/posting, verification, and challenge periods. It also amended Section 71 to adjust the timing of recall elections and confirm that the recalled official is automatically a registered candidate.