Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1577)
The legal basis is the Constitution of the Philippines, which recognizes referendum and plebiscite as modes of ascertaining the will of the people on important issues. Presidential Decree No. 1577 prescribes the manner of calling these as provided under the Constitution.
The President of the Philippines has the authority to announce or proclaim the calling of a plebiscite or referendum.
The proclamation or announcement calling for a plebiscite or referendum must be made at least two (2) weeks before the holding of the plebiscite or referendum.
The proclamation must provide the date, place, and other conditions of the plebiscite or referendum, and must also define or state the issues that are to be submitted for consultation or decision by the people.
Yes, the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan may call for a plebiscite or referendum on any issue affecting their respective province, city, or municipality.
The conduct of the plebiscite or referendum may be formal or informal as determined by the President. An informal plebiscite may be done by a viva voce vote through the barangay or other agencies under the supervision of the Commission on Elections.
The Commission on Elections supervises the conduct of plebiscites and referenda under this decree.
One-fifth (1/5) of the registered voters of the province, city, or municipality must file a petition for the recall of the local elective official concerned.
Grounds include disloyalty to the Republic of the Philippines, dishonesty, oppression, misconduct in office, corruption, ignorance, negligence, incompetence, or other causes deemed sufficient by the petitioners.
The recall is done by voting conducted in the concerned province, city, or municipality to elect a successor from among qualified candidates including the official sought to be recalled.
The recall is effective only upon the determination of a successor who receives the highest number of votes during the voting.
If the official sought to be recalled receives the highest number of votes, confidence in him is deemed reposed and the recall does not take effect.
The Commission on Elections promulgates the rules and regulations necessary for the implementation of the decree.
All laws, decrees, orders, rules, and regulations inconsistent with the provisions of this decree are repealed or modified accordingly.