QuestionsQuestions (Republic Act No. 9244)
Republic Act No. 9244, approved on February 19, 2004.
RA 9244 amended Sections 70 and 71, Chapter 5, Title One, Book I of RA 7160.
All pending petitions for recall initiated through the Preparatory Recall Assembly were considered dismissed upon the effectivity of RA 9244.
Recall is commenced by a petition of a registered voter in the local government unit concerned, filed with COMELEC through its office in the local government unit concerned.
The petition must be supported by registered voters in the local government unit concerned during the election when the official was elected, meeting one of these thresholds: (1) 25% if voting population is not more than 20,000, but at least 5,000; (2) 20% if 20,000 to 75,000, but not less than 5,000; (3) 15% if 75,000 to 300,000, but not less than 15,000; (4) 10% if over 300,000, but not less than 45,000.
Failure to obtain the required number of signatures automatically nullifies the petition.
COMELEC must certify within fifteen (15) days from the filing of the petition.
COMELEC provides the recalled official a copy of the petition, causes publication once a week for three (3) consecutive weeks in a national newspaper of general circulation and in a newspaper of general circulation in the locality (at petitioners’ expense), and posts copies in public and conspicuous places for at least ten (10) days but not more than twenty (20) days.
Within three (3) days from the issuance of the certification.
It allows interested parties to examine and verify the validity of the petition and the authenticity of the signatures contained therein.
Challenges/protests must be filed within the period provided in the publication/posting paragraph; the protest or challenge must be ruled upon with finality within fifteen (15) days from the date of filing.
Upon lapse of the aforesaid period, COMELEC announces the acceptance of candidates for the recall and prepares the list of candidates, including the official sought to be recalled.
The recall election must be set by COMELEC not later than thirty (30) days upon completion of the procedure in the preceding article for barangay, city, or municipal officials, and not later than forty-five (45) days for provincial officials.
The official sought to be recalled is automatically considered a duly registered candidate and is entitled to be voted upon.
Yes. RA 9244 eliminates Preparatory Recall Assembly as a mode. The recall process is now commenced by a petition of a registered voter supported by required registered voters, with COMELEC certification, verification, publication, and the recall election scheduled under the amended Sections 70 and 71.