Republic Act 7160
CHAPTER V
Recall
Section 69. By Whom Exercised. - The power of recall for loss of confidence shall be
exercised by the registered voters of a local government unit to which the local elective
official subject to such recall belongs.
Section 70. Initiation of the Recall Process. -
(a) Recall may be initiated by a preparatory recall assembly or by the registered
voters of the local government unit to which the local elective official subject to such
recall belongs.
(b) There shall be a preparatory recall assembly in every province, city, district, and
municipality which shall be composed of the following:
(1) Provincial level. - All mayors, vice-mayors, and sanggunian members of
the municipalities and component cities;
(2) City level. - All punong barangay and sanggunian barangay members in
the city;
(3) Legislative District level. - In case where sangguniang panlalawigan
members are elected by district, all elective municipal officials in the district;
and in cases where sangguniang panlungsod members are elected by
district, all elective barangay officials in the district; and
(4) Municipal level. - All punong barangay and sangguniang barangay
members in the municipality.
(c) A majority of all the preparatory recall assembly members may convene in
session in a public place and initiate a recall proceedings against any elective official
in the local government unit concerned. Recall of provincial, city, or municipal
officials shall be validly initiated through a resolution adopted by a majority of all the
members of the preparatory recall assembly concerned during its session called for
the purpose.
(d) Recall of any elective provincial, city, municipal, or barangay official may also be
validly initiated upon petition of at least twenty-five percent (25%) of the total number
of registered voters in the local government unit concerned during the election in
which the local official sought to be recalled was elected.
(1) A written petition for recall duly signed before the election registrar or his
representative, and in the presence of a representative of the petitioner and a
representative of the official sought to be recalled and, and in a public place
in the province, city, municipality, or barangay, as the case may be, shall be
filed with the COMELEC through its office in the local government unit
concerned. The COMELEC or its duly authorized representative shall cause
the publication of the petition in a public and conspicuous place for a period
of not less than ten (10) days nor more than twenty (20) days, for the
purpose of verifying the authenticity and genuineness of the petition and the
required percentage of voters.
(2) Upon the lapse of the aforesaid period, the COMELEC or its duly
authorized representative 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.
Section 71. Election on Recall. - Upon the filing of a valid resolution or petition for recall with
the appropriate local office of the COMELEC, the Commission or its duly authorized
representative shall set the date of the election on recall, which shall not be later than thirty
(30) days after the filing of the resolution or petition for recall in the case of the barangay,
city, or municipal officials. and forty-five (45) days in the case of provincial officials. The
official or officials sought to be recalled shall automatically be considered as duly registered
candidate or candidates to the pertinent positions and, like other candidates, shall be entitled
to be voted upon.
Section 72. Effectivity of Recall. - 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 73. Prohibition from Resignation. - The elective local official sought to be recalled
shall not be allowed to resign while the recall process is in progress.
Section 74. 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.
Section 75. Expenses Incident to Recall Elections. - All expenses incident to recall
elections shall be borne by the COMELEC. For this purpose, there shall be included in
the annual General Appropriations Act a contingency fund at the disposal of the
COMELEC for the conduct of recall elections.
