FAQs on Recall
FAQs on Recall - Joselito Basilio (Law Student)
The recall bid against Gov. Ed Panlilio in now being initiated by a
certain group calling themselves Kambilan. I’m sure the Recall issue will
be the talk of the town in the days to come. For ease of understanding
and reference, please allow me to share with some Frequently Asked
Questions (FAQs) on Recall.
According to eminent Kapampangan jurist Reynato Puno (now Chief Justice
of the Supreme Court) the right of recall is a double-edged sword.
Rightly used, it can promote the greater good. Wrongly used, it can result
in greater evil.
What is a recall in the context of Local Government Code of 1991 (RA
7160)?
A recall is a power granted to the electorate to remove an elected
official for loss of confidence.
What does loss of confidence mean?
Loss of confidence is the formal withdrawal by an electorate of their
trust in a person's ability to discharge his office previously bestowed
on him by the same electorate.
Whether or not the electorate has lost confidence in an incumbent is a
political question. It belongs to the realm of politics where only the
people are the judge. (Evardone vs. COMELEC et. al., GR No. 94010, 2
December 1991)
What is the purpose of recall?
While recall was intended to be an effective and speedy remedy to
remove an official who is not giving satisfaction to the electorate
regardless of whether or not he is discharging his full duty to the best of his
ability and as his conscience dictates, it is a power granted to the
people who, in concert, desire to change their leaders for reasons only
they, as a collective, can justify. In other words, recall must be
pursued by the people, not just by one disgruntled loser in the elections
or a small percentage of disenchanted electors. Otherwise, its purpose
as a direct remedy of the people shall be defeated by the ill motives of
a few among them whose selfish resort to recall would destabilize the
community and seriously disrupt the running of government. (Angobung v.
COMELEC, 269 SCRA 245 [1997])
The bottomline is that our law intends recall as a mechanism of good
government. It can never fulfill that intent if we allow its use to
foment too much politics. (Claudio vs. COMELEC et. al, G.R. No. 140560, 4
May 2000)
How shall the recall of a governor be commenced?
The recall of a governor shall be commenced by a petition of a
registered voter in the province concerned and supported by at least 10% of
registered voters, provided, however, that in no case shall the required
petitioners be less than 45,000. (Section 1, RA 9244)
Note :
In the case of Pampanga, the required petitioners must be at least
98,703 which represent 10% of the total number of registered voters in
Pampanga as of 20 April 2007 based on the records of COMELEC
(www.comelec.gov.ph).
What happens next after the commencement of a recall?
The process of recall shall be effected in accordance with the
following procedures:
1. A written petition for recall duly signed by the representatives of
the petitioners shall be filed in the COMELEC provincial office.
2. If the petition is found to be sufficient in form, the Comelec shall
form the issuance of the certification, provide the official sought to
be recalled a copy of the petition, cause its publication in a
national newspaper of general circulation and a newspaper of general
circulation in the locality.
3. The Comelec shall proceed independently with the verification and
authentication of the signatures of the petitioners and registered voters
contained therein. The filing of any challenge or protest shall be
allowed which shall be ruled upon with finality within 15 days from the
date of filing of such protest or challenge.
4. The Comelec shall announce the acceptance of candidates to the
position and thereafter prepare the list of candidates which shall include
the name of the official sought to be recalled.
5. The Comelec shall set the date of the recall election, which shall
not be later than 45 days upon the completion of the procedure outlined
above. The official sought to be recalled shall automatically be
considered as duly registered candidate to the position to be voted upon.
6. The official sought to be recalled may file petition for certiorari
and prohibition before the Supreme Court seeking the nullification of
the resolution of the COMELEC giving due course to the petition for the
recall.
What are the limitations of a recall?
1. Any elective local official may be the subject of a recall election
only once during his term of office for loss of confidence. (para. a,
Section 74, RA 7160)
2. No recall shall take place within 1 year from the date of the
official's assumption to office or 1 year immediately preceding a regular
local election. (para. b, Section 74, RA 7160)
If no recall shall take place within 1 year from the date of the
official's assumption to office or 1 year immediately preceding a regular
local election, does it mean that Among Ed cannot be recalled until after
30 June 2008?
In the case of Claudio vs. COMELEC et.al., supra, the Supreme Court
held that the term "recall" refers to the recall election and not to
initiation of recall proceeding. The initiation of recall "merely sets the
stage for the official concerned before the tribunal of the people so he
can justify why he should be allowed to continue in office." Hence, a
recall election for governor in Pampanga cannot be held until after 30
June 2008. However, the initiation of recall proceedings (commencement,
filing of petition with the COMELEC and etc.) is not prohibited within
the one-year period.
In other words, what is forbidden are : (1) the holding of recall
election within one year from the date the official assumed office, and (2)
holding of a recall election within one year immediately preceding a
regular local election. As succinctly stated in Paras vs. COMELEC (264
SCRA 48, 54 [1996]), para. (b)construed together with para. (a) of
Section 74, RA 7160 "merely designate the period when such elective local
official may be subject to recall election, that is, during the second
year of office."
When shall a recall take effect?
The recall of an elective local official shall be effective only upon
the election and proclamation of a successor in the person of the
candidate receiving the highest number of votes cast during the election on
recall. Should the official sought to be recalled receive the highest
number of votes, confidence in him is thereby affirmed, and he shall
continue in office.(Section 72, RA 7160)