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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
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Second Regular Session 
'14 
JUN 19 P 1 :20 
SENATE 
S.No. 
2287 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING REPUBLIC ACT NO. 7160, ALSO KNOWN AS 
THE LOCAL GOVERNMENT CODE OF 1991, SECTION 73 ON THE 
PROHIBITION AGAINST RESIGNATION OF OFFICIALS BEING RECALLED l 
EXPLANATORY NOTE 
Recall is a mode of removal of a public officer by the people before the end of his 
term of office. It made its maiden appearance in our 1973 Constitution. Today, the 
constitutional provision on recall can be found in Article 10, Section 3, which provides 
that: 
The Congress shall enact a local government code which shall 
provide for a more responsive and accountable local government structure 
instituted through a system of decentralization with effe<:tive mechanisms 
of recall, initiative, and referendum, allocate among the different local 
government units their powers, responsibilities, and resources, and provide 
for the qualifications, election, appointment and removal, term, salaries, 
powers and functions and duties of local officials, and all other matters 
relating to the organization and operation of the local units. (Emphasis 
supplied.) 
I This bill was first filed in the Second Regular Session of the 13 th Congress. 


In response to this constitutional mandate, Congress enacted Republic Act No. 
7160, also known as the Local Government Code of 1991, which provided the guidelines 
for recalling elective local officials. 
The Local Government Code, in Section 75, states that all expenses incident to 
recall elections shall be borne by the Commission on Elections. Section 73 of the same 
Code, however, prohibits the resignation of an elective local official while the recall 
process is in progress. Given the fact that the government would have to shoulder the 
expenses of the recall elections and in light of the fiscal crisis that our country is 
experiencing, it would be more practical to allow the official whose recall is sought to 
voluntarily resign in order to avoid incurring additional expenses necessarily connected 
with the recall process. 
~; 
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.MIRIAM DEFE\3S0R SANTIIGO 
# 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S.No. 
2287 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of the Representative of the Philippines 
in Congress assembled: 
1 
AN ACT 
2 
AMENDING REPUBLIC ACT NO. 7160, ALSO KNOWN AS THE LOCAL 
3 
GOVERNMENT CODE OF 1991, SECTION 73 ON THE PROHIBITION AGAINST 
4 
RESIGNATION OF OFFICIALS BEING RECALLED 
5 
SECTION 1. Section 73 of Republic Act No. 7610, also known as the Local 
6 
Government Code of 1991 is hereby amended to read as follows: 
7 
"Section 73. RESIGNATION OF OFFICIAL BEING RECALLED. -
8 
The elective local official sought to be recalled [shall not be allowed to 
9 
resign] SHALL BE ALLOWED TO VOLUNTARILY RESIGN while 
10 
the recall process is in progress. 
11 
SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, 
12 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
13 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
14 
accordingly. 
15 
SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
16 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
imamt17June20 14