AN ACT ELIMINATING THE PREPARATORY RECALL ASSEMBLY AS A MODE OF INSTITUTING RECALL OF ELECTIVE LOCAL GOVERNMENT OFFICIALS

Case Overview and Summary

Summary of Republic Act No. 9244

Elimination of Preparatory Recall Assembly for Recall of Elective Local Government Officials

- Amends Sections 70 and 71 of the Local Government Code of 1991 (Republic Act No. 7160)
- Outlines the procedure for initiating the recall process of elective provincial, city, municipal, or barangay officials:
    - Initiated by a petition of a registered voter, supported by a certain percentage of registered voters in the local government unit (Section 1)
        - 25% for voting population not more than 20,000 (Section 1.a.1)
        - 20% for voting population of at least 20,000 but not more than 75,000, with a minimum of 5,000 petitioners (Section 1.a.2)
        - 15% for voting population of at least 75,000 but not more than 300,000, with a minimum of 15,000 petitioners (Section 1.a.3)
        - 10% for voting population over 300,000, with a minimum of 45,000 petitioners (Section 1.a.4)
    - Petition requirements and verification process (Section 1.b.1-4)
    - COMELEC to certify sufficiency of signatures within 15 days (Section 1.b.3)
    - Publication and posting of petition for verification (Section 1.b.4)
    - Verification and authentication of signatures by COMELEC (Section 1.b.5)
- Sets the timeline for the recall election:
    - Not later than 30 days after completion of the procedure for barangay, city, or municipal officials (Section 2)
    - Not later than 45 days after completion of the procedure for provincial officials (Section 2)
- The official sought to be recalled is automatically considered a candidate in the recall election (Section 2)
- Dismisses all pending petitions initiated through the Preparatory Recall Assembly (Section 3)
- Repeals or modifies inconsistent laws, decrees, orders, and regulations (Section 4)
- Effectivity 15 days after publication in the Official Gazette or two national newspapers (Section 5)