Question & AnswerQ&A (Republic Act No. 9244)
Republic Act No. 9244 eliminates the preparatory recall assembly as a mode of instituting recall of elective local government officials, amending Sections 70 and 71 of the Local Government Code of 1991.
A registered voter in the local government unit concerned can commence the recall process by filing a petition supported by the required percentage of registered voters.
The required percentages are: 25% for local government units with a voting population of not more than 20,000; 20% but not less than 5,000 for populations between 20,000 and 75,000; 15% but not less than 15,000 for populations between 75,000 and 300,000; and 10% but not less than 45,000 for populations over 300,000.
The petition must include the names and addresses of petitioners with their signatures, the barangay, city or municipality, local legislative district and province, the name of the official sought to be recalled, and a brief narration of the reasons and justifications for the recall.
Comelec must certify the sufficiency of the required number of signatures within 15 days, provide the official sought to be recalled a copy of the petition, publish the petition in newspapers, post it publicly for verification, and proceed with independent verification and authentication of signatures.
Representatives of the petitioners and the official sought to be recalled have the right to participate as mere observers during the verification process.
The petition is automatically nullified if it fails to obtain the required number of signatures.
Comelec sets the recall election date not later than 30 days for barangay, city or municipal officials, and 45 days for provincial officials after completion of the procedure.
Yes, the official sought to be recalled is automatically considered a duly registered candidate and entitled to be voted upon in the recall election.
All pending petitions initiated through the Preparatory Recall Assembly are considered dismissed upon the effectivity of this Act.