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Xii q does the constitutional policy of a self

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Unformatted text preview: 70 of R.A. 7160, as amended by R.A. 9244) Note: By virtue of R.A. 9244, Secs. 70 and 71 of the Local Government Code were amended, and the Preparatory Recall Assembly has been eliminated as a mode of instituting recall of elective local government officials. All pending petitions for recall initiated through the Preparatory Recall Assembly shall be considered dismissed upon the effectivity of RA 9244 (Approved Feb. 19, 2004) Q: What are the limitations on recall? A: 1. Any elective local official may be subject of a recall election only once during his 210 2. term of office for loss of confidence; and No recall shall take place within one year from the date of the official’s assumption to office or one year immediately preceding a regular election. (Sec. 74, LGC) Q: Section 74 of the Local Government Code provides that “no recall shall take place within one year immediately preceding a regular local election.” What does the term “regular local election,” as used in this section, mean? A: It refers to one where the position of the official sought to be recalled is to be actually contested and filled by the electorate. (Paras v. Comelec, G.R. No. 123169, Nov. 4, 1996) The one‐year time bar will not apply where the local official sought to be recalled is a Mayor and the approaching election is a barangay election. (Angobung v. COMELEC, G.R. No. 126576, Mar. 5, 1997) Q. State the initiation of the recall process. A: 1. Petition of a registered voter in the LGU concerned, supported by percentage of registered voters during the election in which the local official sought to be recalled was elected.(% decreases as population of people in area increases. Also, the supporting voters must all sign the petition). 2. Within 15 days after filing, COMELEC must certify the sufficiency of the required number of signatures. Failure to obtain required number automatically nullifies petition. 3. Within 3 days of certification of sufficiency, COMELEC provides official with copy of petition and causes its publication for three weeks (once a week) in a national newspaper and a local newspaper of genera...
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