Question & AnswerQ&A (Republic Act No. 9244)
Republic Act No. 9244, enacted on February 19, 2004, eliminated the Preparatory Recall Assembly as a mode of instituting recall of elective local government officials.
The required percentages are: 25% for LGUs with 20,000 or fewer voters; 20% (not less than 5,000 petitioners) for LGUs with 20,000 to 75,000 voters; 15% (not less than 15,000 petitioners) for LGUs with 75,000 to 300,000 voters; and 10% (not less than 45,000 petitioners) for LGUs with over 300,000 voters.
The recall process may be commenced by a petition from a registered voter in the local government unit concerned, supported by the required percentage of registered voters in that LGU.
The petition must include: names and addresses of petitioners with signatures; their barangay, city/municipality, legislative district, and province; the name of the official sought to be recalled; and a brief narration of reasons for recall.
The petition must be filed with the Commission on Elections (Comelec) through its office in the concerned LGU. The Comelec certifies the sufficiency of signatures within 15 days.
The petition is automatically nullified if the required number of signatures is not met.
Comelec must provide the official sought to be recalled a copy of the petition, publish it in a national and local newspaper for three consecutive weeks at the petitioners' expense, and post copies publicly for 10-20 days to allow verification and protests.
Yes, both parties may participate as observers during the verification and authentication of signatures by Comelec or its authorized representatives.
Comelec must set the recall election date within 30 days for barangay, city, or municipal officials and 45 days for provincial officials from completion of the recall procedure.
Yes, the official sought to be recalled is automatically considered a duly registered candidate and is entitled to be voted upon like other candidates.
All pending petitions initiated through the Preparatory Recall Assembly are considered dismissed upon the effectivity of RA 9244.
It took effect 15 days after its publication in the Official Gazette or at least two national newspapers of general circulation.