Republic of the Phillipines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

6222

HOUSE BILL NO.

Introduced by: Rep. V. Dennis M, Socrates

EXPLANATORY NOT

Sections 69 to 75, Chapter 5, Title I. Book I of Republic Act No. 7160.
as amended, purport to provide a mechanism for the recall of local clective
officials: essentially, by way of a petition signed by a percentage of the voting
population ranging from ten percent (10%) up to twenty-five percent (25%),
depending on the total number, and subject to verification by the COMELEC.
Upon compliance with the formal procedural and substantive  initiatory
requirements, COMELEC is mandated by these provisions to conduct the recall-
election, which can only be held once in the term of the elective local official and
only within the period starting one year afier his assumption to office up to and
excluding the beginning of the one year immediatcly preceding the next regular
Jocal election.

Considering that, under the present state of the law, local elective officials
are elected only to a term of three years, the (ime-trame for holding recall
elections actually consists of less than one year—from July 1 to the second
Monday of May of his second year—which has proven to be too short for
SOMELEC, especially in the event that petitions for recall are filed several local
ent units in a given term, which is almost always going to be the case,
and considering that COMELEC also has to prepare for the conduct of the
ensuing regular elections. Indeed, on March 7, 2012, COMELEC Resolution No.
9374, discontinuing action on all the thirty-eight petitions for recall all over the
country which were then pending, because of lack of time and material resources.

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Section 3, Article X of the Constitution, mandates Congress to “enact a
local government code which shall provide for a more responsive and accountable
local government structure instituted through a system of decentralization with
effective mechanisms of recall (italics ours),” the present mechanism provided by
Sections 69 to 75, Chapter $, Title Il, Book 1 of Republic Act No. 7160. as
amended, has proven to be ineffective—not the least because of the extreme
brevity of the term of office of our local elective officials and the narrowness of
the time-frame available for recall

Under the circumstances, to leave the subject provisions of RA 7160, 1
amended, in place, would be to allow a detraction from the stability,
predictability, and objectivity of legally demandable rights, and ta open the
floodgates to “discriminatory enforcement” or at least allow the mechanism of
recall to be contingent on the subjective disposition of our COMLLEC
Commissioners, whoever they may be at that moment. This cannot be the
“effective” mechanism contemplated in Section 3, Article X of the Constitution;
and, until such time as such a mechanism can be conceived and drawn. it is
respectfully submitted that a repeal of Sections 69-75, Chapter 5, Title II, Book |,
of RA 7160, as amended, were warranted.



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RECEIY]

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Republic of the Phillipines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Reguiar Session

6222

HOUSE BILL NO.

Introduced by: Rep. V. Dennis M. Socrates

AN ACT ABOLISHING THE EXISTING MECHANISM OF RECALi. IN THE,
LOCAL GOVERNMENT CODE, AND REPEALING ‘OR THAT PURPOSE
SECTIONS 69 TO 75 OF RA 7160, AS AMENDED

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress Assembled:

SECTION 1. Sections 69 to 75, Chapter 5, Title U, Book I of Republic
Act No. 7160, as amended, are hereby repealed.

SECTION 2. All other laws or parts thercof contrary to or inconsistent
with this act are heteby repealed or amended accordingly.

SECTION 3. This act shall take effect fiftcen (15) days from its
Publication in at least two (2) national newspapers of general circulation

Approved,

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