Purpose and policy of the Act
- Republic Act No. 9244 eliminates the Preparatory Recall Assembly as a mode of instituting recall of elective local government officials.
- Republic Act No. 9244 amends the recall process under Republic Act No. 7160 by adjusting initiation and election-on-recall timing and procedure.
Recall: who may be recalled
- The recall of any elective provincial, city, municipal, or barangay official must be commenced through a petition process under Section 70 of Republic Act No. 7160, as amended by Republic Act No. 9244.
- The recall petition is initiated by registered voters in the relevant local government unit where the official was elected.
Recall initiation by voter petition
- A recall must be commenced by a petition of a registered voter in the local government unit concerned, supported by registered voters in that same local government unit during the election in which the official sought to be recalled was elected, under Section 70.
- Section 70 imposes percentage requirements for the petitioners based on the local government unit’s voting population:
- At least 25% if the voting population is not more than 20,000.
- At least 20% if the voting population is at least 20,000 but not more than 75,000, provided the required petitioners are not less than 5,000.
- At least 15% if the voting population is at least 75,000 but not more than 300,000, provided the required number of petitioners are not less than 15,000.
- At least 10% if the voting population is over 300,000, provided the required petitioners are not less than 45,000.
- A written petition for recall must be duly signed by the representatives of the petitioners before the election registrar or his representative, and must be filed with COMELEC through its office in the local government unit concerned, under Section 70.
- The recall petition must contain:
- The names and addresses of the petitioners written in legible form and their signatures.
- The barangay, city or municipality, local legislative district and the province to which the petitioners belong.
- The name of the official sought to be recalled.
- A brief narration of the reasons and justifications.
COMELEC review, publication, verification, and challenges
- COMELEC must, within 15 days from the filing of the petition, certify the sufficiency of the required number of signatures.
- If COMELEC fails to obtain the required number of signatures, the petition is automatically nullified under Section 70.
- If the petition is sufficient in form, COMELEC (or its duly authorized representative) must, within 3 days from the issuance of certification:
- Provide the official sought to be recalled a copy of the petition.
- Cause the petition’s publication in a national newspaper of general circulation and a newspaper of general circulation in the locality for once a week for 3 consecutive weeks, at the expense of the petitioners.
- Post copies in public and conspicuous places for a period of not less than 10 days nor more than 20 days.
- Publication and posting are done for the purpose of allowing interested parties to examine and verify the validity of the petition and the authenticity of the signatures under Section 70.
- After issuance of certification, COMELEC or its duly authorized representative must proceed independently with verification and authentication of the signatures of petitioners and registered voters contained in the petition.
- The representatives of the petitioners and the official sought to be recalled must be duly notified and are allowed to participate as mere observers in the verification and authentication process.
- Challenges or protests may be filed within the period provided in the immediately preceding paragraph (i.e., the publication and posting period), and must be ruled upon with finality within 15 days from the date of filing of the challenge or protest.
- Upon lapse of the period and after final outcomes on challenges/protests, COMELEC or its duly authorized representative must:
- Announce the acceptance of candidates to the position; and
- Prepare the list of candidates, including the name of the official sought to be recalled.
Election on recall timing and candidacy
- Upon the filing of a valid petition for recall with the appropriate local office of COMELEC, COMELEC (or its duly authorized representative) must set the date of the election or recall.
- The recall election date must be set:
- Not later than 30 days upon completion of the procedure outlined in the preceding article for barangay, city or municipal officials.
- Not later than 45 days upon completion of the procedure outlined in the preceding article for provincial officials.
- The official sought to be recalled is automatically considered duly registered as a candidate for the pertinent position and, like other candidates, is entitled to be voted upon under Section 71.
Elimination of Preparatory Recall Assembly
- All pending petitions for recall initiated through the Preparatory Recall Assembly are considered dismissed upon the effectivity of Republic Act No. 9244.
Repeal or modification of inconsistent rules
- Republic Act No. 9244 repeals or modifies all laws, presidential decrees, executive orders, issuances, and rules and regulations, and parts thereof, that are inconsistent with its provisions.
Signature and legislative approval
- Republic Act No. 9244 was approved by Gloria Macapagal-Arroyo on February 19, 2004.
- The Act was passed by the House of Representatives and the Senate on December 17, 2003 and November 26, 2002, respectively.