SEVENTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
■■ cl ilu-
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■17 JUL27 fli] 52
SENATE
SENATE BILL NO.. 1 5 2 6
RECEiViO by.
Introduced by SENATOR Ei:iLA M. DE LIMA
AN ACT
AMENDING SECTIONS 74 AND 75 OF REPUBLIC ACT NO. 7160, ALSO 
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991
EXPI.ANATORY NOTE
Article X, Section 3 of the Constitution provides that:
“ S e c tio n  3. T h e  C o n g re s s  s h a ll e n a c t a lo c a l g o v e rn m e n t c o d e  w h ic h  s h a ll 
p ro v id e  fo r a m o re  re s p o n s iv e  a n d  a c c o u n ta b le  lo c a l g o v e rn m e n t s tru c tu re  
in s titu te d  th ro u g h  a s y s te m  o f d e c e n tra liz a tio n  w ith  e ffe c tiv e  m e c h a n is m s  o f 
re c a ll, in itia tiv e , a n d  re fe re n d u m ...x x x ”
In response to this mandate, Congress enacted Republic Act No. 7160 or the 
Local Government Code (LGC) effective 01 January 1992.
Section 69 of the LGC specifically provides for the power of recall, a mode of 
removal of local elective officials, “for loss of confidence” which may be exercised by 
registered voters of a local government unit (LGU).
Article X, Section 8 of the Constitution further provides that:
“S e c tio n  8. T h e  te rm  o f o ffic e  o f e le c tiv e  lo c a l o ffic ia ls , e x c e p t b a ra n g a y  
o ffic ia ls , w h ic h  s h a ll b e  d e te rm in e d  b y  la w , s h a ll b e  th re e  y e a rs  a n d  n o  s u c h  
o ffic ia l 
s h a ll 
s e rv e  fo r m o re  th a n  
th re e  
c o n s e c u tiv e  
te rm s . 
V o lu n ta ry  
re n u n c ia tio n  o f th e  o ffic e  fo r a n y  le n g th  o f tim e  s h a ll n o t b e  c o n s id e re d  a s  a n  
in te rru p tio n  in th e  c o n tin u ity  o f h is s e rv ic e  fo r th e  fu ll te rm  fo r w h ic h  h e  w a s  
e le c te d .”
The LGC similarly provides for a provision on three-term limit under Section 
43 (b) of the LGC, viz:
“(b ) N o  lo c a l e le c tiv e  o ffic ia l s h a ll s e rv e  fo r m o re  th a n  th re e  (3 ) c o n s e c u tiv e  
te rm s  in th e  s a m e  p o s itio n . V o lu n ta ry  re n u n c ia tio n  o f th e  o ffic e  fo r a n y  le n g th  
o f tim e  s h a ll n o t b e  c o n s id e re d  a s  a n  in te rru p tio n  in th e  c o n tin u ity  o f s e rv ic e  
fo r th e  fu ll te rm  fo r w h ic h  th e  e le c tiv e  o ffic ia l c o n c e rn e d  w a s  e le c te d .”


In Borja v. Comelec1, the Supreme Court stated that the consideration of the 
term limits under Article X, Section 8 of the Constitution reveals that Constitutional 
Commission members were “as much concerned with preserving the freedom of choice 
of the people as they were preventing the monopolization of political power.”
However, LGC provisions on the power of recall provided another way for local 
officials to immediately return to power after reaching the term limits provided in the 
Constitution. This is by way of a recall election, where the local executive who already 
reached a three-term limit can immediately run for the same office in a recall election, 
without barely a term ha\ang lapsed between his last term and the recall election where 
he is running as a candidate.
A recall election can thus be considered as a circumvention of the term limits 
mandated by the Constitution. In order to fully uphold the mandated three-term limit 
for local officials, this bill amends Section 74 of the LGC and prohibits three-term 
elected officials from running in a recall election for the same position during the term 
immediately following the end of their three terms.
Moreover, the people’s sovereign will to remove a local government official for 
loss of confidence became largely dependent on the availability of contingency funds 
that the Commission on Elections may or may not have in its annual budget 
appropriations following Section 75 of the LGC. Thus, it is hereby added that line item 
appropriation for the conduct and supervision of recall elections under the 
Commission’s budget program category may be used to answer for all expenses 
incidental to recall elections, which shall be borne by the Commission on Elections 
pursuant to the powers and functions conferred upon it under Section 2, Article IX-C 
of the 1987 Constitution.
This measure was previously filed by Senator Miriam Defensor-Santiago during 
the 15th and 16th Congresses.
/ i —'f ^
L K II^  M. DE LIMA
1 [G.R. No. 133495. S eptem ber 3 ,1 9 9 8 ]


SEVENTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
SENATE BILL NO. 1526
Df ti!f r ;  
. rN irn
■17 
JUL 27 All 52
RECuVlUc'f.
Introduced by SENATOR LEILA M. DE LIM i\ 1 1
AN ACT'
AM ENDING SECTIONS 74 AND 75 OF REPUBLIC ACT NO. 7160, ALSO 
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled.
1 
SECTION 1. Sections 74 and 75 of Republic Act No. 7160, also known as the
2 
Local Government Code of the Philippines, as amended, are hereby further amended
3 
to read as follows:
4 
“Section 74. Limitations on Recall. -
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(a) Any elective local official may be the subject of a recall election only
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once during his term of office for loss of confidence.
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(b) No recall shall take place within one (1) year from the date of the
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official’s assumption to office or one (1) year immediately preceding a
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regular local election.
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(C) NO LOCAL ELECTIVE OFFICIAL WHO HAS FULLY SERVED
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THREE (3) CONSECUTIVE TERMS MAY RUN FOR THE SAME
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OFFICE IN RECALL ELECTIONS HELD IMMEDIATELY FOLLOWING
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THE END OF HIS/HER THIRD CONSECUTI'VE TERM.”


1 
Section 75. Expenses Incident to Recall Elections. -  All expenses incident to
2 
recall elections shall be borne by the COM ELEC. For this purpose, there shall be
3 
included in the annual General Appropriations Act a contingency fund at the disposal
4 
of the—COM ELEC for the—conduct of recall—elections OR A LINE ITEM
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APPROPRIATION FOR THE CONDUCT AND SUPERVISION OF RECALL
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ELECTIONS UNDER THE PROGRAM CATEGORY OF ITS ANNUAL BUDGET at the
7 
disposal of the COMELEC for the conduct of recall elections.”
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Sec. 2. Repealing Clause. - All laws, executive orders, presidential decrees,
9 
presidential proclamations, letters of instruction, rules and regulations or parts
10 
thereof inconsistent with the provisions of this Act are hereby repealed or modified
11 
accordingly.
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Sec. 3. Ejfectivity. - This Act shall take effect upon its approval fifteen (15)
13 
days following its publication in the Official Gazette or in two (2) newspapers of
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general circulation in the Philippines.
Approved,