Recall, Initiative and Referendum

Pat Ray M DagapiosoFebruary 16, 2010

Rm 110

Recall Election

• - is a mode of removal of a public officer by the people before the end of his term.

• This power is an incident of the people’s sovereign power and is described as a fundamental right of the people in a representative democracy.

The Basis of Recall Election

• The right of recall is complementary to the right to elect or appoint.

• It is based on the theory that the electorate must maintain a direct and elastic control over public functionaries.

Who can exercise the power of recall?

• The power of recall for loss of confidence may be exercised by the registered voters of a local unit to which the local elective official subject to recall belongs.

Loss of Confidence Defined

• Means the formal withdrawal by an electorate of their trust in a person’s ability to discharge his office previously bestowed by him by the same electorate.

Voting Population Percentage

Voting Population

Voting Population Percentage

Exceptions (Actual Voting

Population)20,000 (-) 25%75,000 – 20,000

20% 5,000+

300,000-75,000

15% 15,000+

300,000 (+) 10% 45,000+

Recall: Procedure• 1. A written petition for

recall duly signed by the representatives of the petitioners before the election registrar or his representative, shall be filed w/ the COMELEC through its office in the Local Government Unit concerned.

Recall: Procedure• 2. The COMELEC shall, w/n

fifteen (15) days from the filing of the petition, certify to the sufficiency of the required number of signatures. Failure to obtain the required number of signatures automatically nullifies the petition.

Recall: Procedure• 3. If the petition is found to be

sufficient in form, the COMELEC shall w/n Three (3) days from 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 once a week for three (3)…

Recall: Procedure• …consecutive weeks at the

expense of the petitioners and at the same time post copies thereof in public and conspicuous places for a period of not less than ten (10) days nor more than twenty (20) days, for the purpose of allowing interested parties to examine and verify the validity of the petition and the authenticity of the signatures contained therein.

Recall: Procedure• 4. The COMELEC or its duly

authorized representative shall, upon issuance of certification, proceed independently with the verification and authentication of the signatures of the petitioners and registered votes contained therein. Representatives of the petitioners and the official sought to be recalled have the right to participate therein as mere observers…

Recall: Procedure• …The filing of any challenge/protest

shall be allowed within the period provided in the immediately preceding paragraph and shall be ruled upon with finality within fifteen (15) days from the date of filing of such protest or challenge.

Recall: Procedure• 5. Upon the lapse of the aforesaid

period, the COMELEC (or its representative) shall announce the acceptance of candidates to the position and thereafter prepare the list of candidates w/c shall include the name of the official sought to be recalled.

Election Proper• 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…

Election Proper• …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.

Contents of the Petition for Recall• 1. The names and addresses of the

petitioners written in legible form and their signatures.

• 2. The Barangay, City/Municipality, Local Legislative Districts and the province to which the petitioners belong.

• 3. The name of the official sought to be recalled.

• 4. A brief narration of the reasons and justifications thereof.

Effectivity of the Recall• The recall of an elective 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 on recall. If the incumbent official receives the most votes, then trust in him is affirmed and he shall continue in office.

Frequency of Recall Election• 1. Any elective local official may be

subject of a recall election only once during his term of office for loss of confidence.

• 2. No recall shall take place within one year from the date of the official’s assumption to the office or one year immediately preceding a regular local election.

Local Government Units on Initiative and Referendum

• Both are legal processes.• Local initiative is a legal process

whereby the registered voters of a Local Government Unit may directly propose, enact or amend any ordinance, or resolutions.

Referendum Defined• Local referendum is a legal process

whereby the registered voters of Local Government Units may approves, amend or reject any ordinance enacted by the Sanggunian through an election held for that purpose.

Duration of Referendum• 60 days in Provinces and Cities• 45 days in Municipalities• 30 days in Barangays• The COMELEC shall certify and

proclaim the results of the said referendum.

Who can exercise inititative and referendum?

• All registered voters of the Provinces, Cities, Municipalities, and Barangays and Metropolitan Subdivisions as may be created by law.

Procedure Proper

• 1. The registered voters in the Local Government Unit concerned may file a petition with the Sanggunian concerned proposing the adoption, enactment, repeal, or amendment of an ordinance.

• 2. Number of Petitioners: 1000+ (provinces and cities), 100 (municipalities), 50 (barangays).

Procedure Proper• 3. If no favorable action thereon is

taken by the Sanggunian concerned w/n 30 days from its presentation, the proponents, through their duly authorized and registered representatives, may invoke their power of initiative, giving notice thereof to the Sanggunian concerned.

Procedure Proper

• 4. The proposition shall be numbered serially starting from Roman Numeral I. Two or more propositions may be submitted in an initiative.

• 5. The proponents have ninety days in case of provinces and cities, sixty days in municipalities, and 30 days in barangays, from notice mentioned … to collect the required number of signatures.

Procedure Proper• 6. The petition shall be signed before

the election registrar, in the presence of a representative of the proponent, and a representative of the Sanggunian concerned in a public place in the Local Government unit, as the case may be. Stations for collecting signatures may be established in as many places as may be warranted.

Procedure Proper• 7. Upon the lapse of the period

herein provided, the COMELEC, through its office in the Local Government Unit concerned shall certify as to whether or not the required number of signatures has been obtained. Failure to obtain the required number defeats the proposition.

Procedure Proper• 8. If the required number of

signatures is obtained, the COMELEC shall then set a date for the initiative during which the proposition shall be submitted to the registered voters in the Local Government Unit concerned for their approval w/n 60 days from the date of certification in provinces and cities, 45 days in municipalities, and 30 days in Barangays…

Procedure Proper

• The initiative shall then be held on the date set, after w/c the results thereof shall be certified and proclaimed by the COMELEC.

Effectivity of the Local Propositions• If the proposition is approved by a

majority of the votes cast, it shall take effect 15 days after certification by the COMELEC as if affirmative action thereon had been made by the Sanggunian and Local Chief Executive concerned.

• If it fails to obtain said number of votes, the proposition is considered defeated.

Limitations

• 1. The power of local inititative shall not be exercised more than once a year.

• 2. Initiative shall extend only to subjects or matters w/c are w/n legal powers of the Sanggunian to enact.

Limitations• 3. If at any time before the initiative

is held, the Sanggunian concerned adopts in toto the proposition presented and the Local Chief Executive approves the same, the initiative shall be canceled. However, those against such action may, if they so desire, apply for initiative in the manner herein provided.

Sanggunian Amendment

• The ordinance approved by the initiative/referendum shall not be modified, repealed or amended by the Sanggunian w/n 6 months of approval.

• Can only be amended, modified or repealed w/n 3 years thereafter by ¾ of all its members.

Contents of the Proposition• 1. Context/Text of the Ordinance to

be enacted, repealed or amended, approved or rejected.

• 2. The proposition• 3. The reasons therefor• 4. That it is not one of the limitations

provided in Sec. 124 of the LGC• 5. Signatures of the

petitioners/registered voters

Contents of the Proposition

• 6. Formal designation of their duly authorized representatives.

7. An abstract or summary proposition in not more than one hundred words which shall be legibly written….

Procedure for Signing the Petition• 1. Petition shall be signed before the

Election Registrar.• 2. Signature of the voters shall be affixed

on the form prescribed by the COMELEC.• 3. Each voter must affix his signature over

printed name.• 4. Election registrar must verify the

genuineness of the signatures of the voters.• 5. election registrar may cancel any

signature that is forged/falsified.

The End!!!

Ajde!!!

Vamos!!!

Allez!!!