Initiation and Petition Requirements for Recall (Section 70)
- Recall initiated by petition of registered voters in the concerned local government unit (LGU).
- Petition signatories must meet percentage thresholds based on voting population:
- 25% if voting population ≤ 20,000
- 20% if voting population > 20,000 but ≤ 75,000 with a minimum of 5,000 petitioners
- 15% if voting population > 75,000 but ≤ 300,000 with a minimum of 15,000 petitioners
- 10% if voting population > 300,000 with a minimum of 45,000 petitioners
- Written petition must be signed before election registrar or representative and filed with Comelec local office.
- Petition must contain:
- Names, addresses, and signatures of petitioners
- Barangay, city/municipality, legislative district, and province of petitioners
- Name of official sought to be recalled
- Brief reasons for recall
Certification and Verification by Comelec
- Comelec has 15 days to certify sufficiency of signatures.
- Insufficient signatures invalidate petition.
- If sufficient, Comelec within 3 days:
- Provides recalled official a copy of petition
- Publishes petition weekly for 3 consecutive weeks in national and local newspapers at petitioners' expense
- Posts petition copies publicly for 10 to 20 days
- Allows verification and authentication of signatures by Comelec and observers from both parties.
- Challenges or protests allowed during publication period, resolved within 15 days.
- Upon completion, Comelec announces candidates including recalled official.
Conduct of Recall Election (Section 71)
- Upon valid petition, Comelec sets election date:
- Not later than 30 days for barangay, city, or municipal officials
- Not later than 45 days for provincial officials
- The official sought to be recalled is automatically considered a candidate and may be voted upon.
Effect on Pending Petitions
- All pending preparatory recall assembly-based petitions dismissed upon effectivity of the Act.
Repealing Clause and Effectivity
- Repeals or modifies all inconsistent laws, decrees, orders, and rules.
- Act takes effect 15 days after publication in Official Gazette or two national newspapers.
Other Important Legal Concepts
- Emphasizes petition-based recall rather than assembly-based recall to streamline the process.
- Provides clear procedural safeguards for verification and public notice.
- Ensures protection of rights of both petitioners and officials sought to be recalled during the verification and recall election process.