Jovito Claudio vs Comelec
Gr 140560
Facts:
Jovito Claudio was duly elected mayor of Pasay City and assumed office on July 1, 1998. On the second
week of May 1999, the chairs of several barangays in Pasay City gathered to discuss the possibility of
filing a petition for recall against Mayor Claudio for loss of confidence. On May 29, 1999, 1,073 members
of the Preparatory Recall Assembly composed of barangay chairs, kagawads, and sangguniang kabataan
chairs of Pasay City, adopted Resolution No. 01, S-1999, entitled RESOLUTION TO INITIATE THE RECALL
OF JOVITO O. CLAUDIO AS MAYOR OF PASAY CITY FOR LOSS OF CONFIDENCE. The Preparatory Recall
Assembly submitted the petition for recall to the office of the election officer on July 2, 1999. On
October 18, 1999, the COMELEC passed a resolution granting the petition for recall and set a recall
election on April 15, 2000.
Petitioner filed certiorari and prohibition seeking to nullify the resolution of the Comelec. According to
petitioner, the process of recall began on May 29, 1999 when the resolution was passed which is
contrary to what is mandated in section 74 of the Local Government Code. Petitioner assumed office on
July 1, 1998, the recall began on May 29, 1999, he believes he is within the one year limitation for recall.
Petitioner also contends that the “regular election” limitation on paragraph B section 74 should not only
include the date of the election itself, which in this case was on May 14, 2001, but also include the
election period itself which is 45 days before the election, therefore no recall elections beginning March
2000 should be held.
Submitted by: John Gabriel Pudadera & Jovilyn Sigue Puno
Issue:
1. WON the “recall” in paragraph B, section 74 of the Local Government Code includes the convening of
the Preparatory Recall Assembly and the filing of a recall resolution.
2. WON the term “regular election” in paragraph B, section 74 of the Local Government Code includes
the election period for that regular election or simply the date of such election.
Ruling:
1. No. The court believed that, as used in paragraph B of S74, "recall" refers to the election itself by
means of which voters decide whether they should retain their local official or elect his replacement.
The court believed that the “power to recall” is exercised by the voters , hence it is a power to elect an
official to an office. In other words the term “recall” in paragraph B should refer to the recall election
itself, excluding the gathering of the Preparatory Recall Assembly and the filing of petition for recall with
the comelec, or the gathering of the signatures of at least 25% for a petition for recall. Thus, there could
be multiple PRA’s or petitions for recall but only one recall election.
2. No. The court believes that the law is unambiguous in providing that “no recall shall take place one
year immediately preceding a regular local election. The court believed that it should mean as the
election date not the campaign period.
Statutory Construction:
Words or Phrase Construed in relation to other provisions.
Paragraph B of section 74 of the Local Government Code should be construed together with paragraph
A of the same section. Paragraph A prohibits the holding of a recall election more than once during the
term of a local official, paragraph B should be construed to refer to the prohibition of paragraph A,
which provides the period when an official shall be subject of a recall election.
Submitted by: John Gabriel Pudadera & Jovilyn Sigue Puno
Statute In Question:
Section 74 of the Local Government Code provides that
Limitations on Recall.
(a) Any elective local official may be the subject of a recall election only once during his term of office for
loss of confidence.
(b) No recall shall take place within one (1) year from the date of the official's assumption to office or
one (1) year immediately preceding a regular local election.
Submitted by: John Gabriel Pudadera & Jovilyn Sigue Puno
