SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2288 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'14 
JUN 19 Pl :21 
AMENDING SECTION 74 OF REPUBLIC ACT NO. 7160, ALSO KNOWN AS THE 
LOCAL GOVERNMENT CODE, ON LIMITATIONS ON RECALL] 
EXPLANATORY NOTE 
The Constitution, Article 10, Section 3, provides: 
Section 3. The Congress shall enact a local government code which 
shall provide for a m~Fe responsive and accountable local government 
structure instituted through a system of decentralization with effective 
mechanisms of recall, initiative, and referendum ... 
The Constitution, Article 10, Section 8, provides: 
Section 8. The term of office of elective local officials, except 
barangay officials, which shall be determined by law, shall be three years 
and no such official shall serve for more than three consecutive terms. 
Voluntary renunciation of the office for any length of time shall not be 
considered as an interruption in the continuity of his service for the full 
term for which he was elected. 
Pursuant to the Constitution, the Republic Act No. 7160, or the Local Government 
Code, provides for the power of recall, which may be exercised against a local elective 
I This bill was first filed in the Second Regnlar Session of the Fifteenth Congress. 


, , 
official, when due to loss of confidence, registered voters of a local government unit 
(LGU) petition for a recall election against such official. 
The provisions on the power of recall, however, do not address the three-term 
limit rule mandated by the Constitution. In the case of Socrates v. Comelee2, the 
petitioner filed for the disqualification of the respondent during the recall elections since 
the respondent had already served three consecutive terms. The Supreme Court decided, 
however, that the respondent was entitled to run during the recall elections since he did 
not run immediately after his third term ended. Thus, his not running for office during the 
immediately succeeding elections after his third term constituted a break in service. The 
Supreme Court therefore allowed him to run for the recall elections. 
In Borja v. Comelec3, the Supreme Court held that "the purpose of the 
constitutional provision in limiting the number of terms elective local officials may serve 
is to prevent a monopolization of political power." 
The Local Government Code, Section 43 (b) also provides: 
(b) No local elective official shall serve for more than three (3) consecutive 
terms in the same position. Voluntary renunciation of the office for any length of 
time shall not be considered as an interruption in the continuity of service for the 
full term for which the elective official concerned was elected. 
The rule was established to prevent the establishment of political dynasties and to 
enhance the freedom of choice of the people. The Supreme Court thus held that "to 
consider, therefore, only stay in office regardless of how the official concerned came to 
that office -whether by election or by succession by operation of law - would be to 
disregard one of the purposes oCthe constitutional provision in question." 
2 G.R. Nos. 154512, 154683, 155083-84, 12 November 2002. 
3 G.R. No. 133495,3 September 1998. 
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In order to embody the true meaning of the Constitutional provision prescribing 
the term limit for local elective officials, this bill proposes that recall elections must be 
considered as one term for purposes of counting the three term limit imposed upon a local 
elective official. This will avoid "the evil of a single person accumulating excessive 
power over a particular territorial jurisdiction as a result of a prolonged stay in the same 
office.,,4 
~.~ ~...-)~ 
MIRlAM DEFE~OR SANTL"'O 
1" 
4 Id. 
3 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
j,ttlntr 
tli)tflfr llf tile _t~l'rr"tnrll 
Second Regular Session 
) 
) 
) 
'14 
JUN 19 Pl :21 
SENATE 
S. No. 
2288 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
AMENDING SECTION 74 OF REPUBLIC ACT NO. 7160, ALSO KNOWN AS THE 
3 
LOCAL GOVERNMENT CODE, ON LIMIT A nONS ON RECALL 
4 
5 
SECTION 1. Section 74 of Republic Act No. 7160, also known as the Local 
6 
Government Code of the Philippines, as amended, is hereby further amended to read as 
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follows: 
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"Section 74. Limitations on Recall. -
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(a) Any elective local ot1icial may be the subject of a recall election 
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only once during his term of ot1ice 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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ot1icial's assumption to ot1ice 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 SERVED 
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FOR THREE CONSECUTIVE TERMS MAY RUN FOR RECALL 
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ELECTIONS 
HELD 
IMMEDIATELY 
AFTER 
THE 
NEXT 
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REGULAR ELECTION FOR THE SAME OFFICE FOLLOWING 
18 
THE END OF THE THIRD CONSECUTIVE TERM; PROVIDED, 
19 
THAT SUCH SHALL NOT BE APPLICABLE TO THE TERM OF 
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THE OFFICIAL SOUGHT TO BE RECALLED." 
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, , 
P 
I 
SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, 
2 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
3 
or inconsistent with, the provisions of this Act is hereby repealed, modified, or amended 
4 
accordingly. 
5 
SECTION 3. b}fectivity Clause. - This Act shall take effect tifteen (15) days after 
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its publication in at least two (2) newspapers of general circulation. 
Approved, 
Imam! 
2