EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
6 2 6
S. No.
l:V
cftijr
'19 JUL18 P3^6
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
AMENDING SECTIONS 74 AND 75 OF REPUBLIC ACT NO. 7160, ALSO 
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991
EXPLANATORY NOTE
Article X, Section 3 of the Constitution provides that:
“S ection 3. T h e  C o n gre ss shall e n a ct a local g o ve rn m e n t code w hich shall 
provide fo r a m ore resp on sive  and a ccou n ta b le  local g o ve rn m e n t structure 
instituted th rou g h  a system  o f d ece n tralizatio n  w ith e ffe ctive  m e ch an ism s o f 
recall, initiative, and re fe re n d u m ...xxx”
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 ection 8. T h e  term  o f office o f elective local officials, e xce p t baran g ay 
officials, w hich shall be d eterm ined by law, shall be three  years and no such 
official shall serve fo r m ore than three  co nse cu tive  term s. V o lu n ta ry 
re n un cia tion  o f the office fo r a ny length o f tim e shall not be considered as an 
in terru ptio n  in the co ntin u ity o f his service fo r the full term  fo r w hich he w as 
e le c te d .”
The LGC similarly provides for a provision on three-term limit under Section 
43 G?) of the LGC, viz:


“(b ) N o local ele ctive  official shall serve fo r m ore than th re e  (3 ) co nse cu tive  
te rm s in the sam e position. V o lu n ta ry re n un cia tion  o f the office fo r a ny length 
o f tim e  shall not be considered as an interruption in the c o n tin u ity o f service 
fo r the full term  fo r w hich the ele ctive  official concerned w as e le cte d .”
In Borja v. Comelec1, the Supreme Court pointed out that in the consideration 
of the term limits under Article X, Section 8 of the Constitution, 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 pro\ided 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 having 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. 
.
'ILAM. DE LI
1 G.R. No. 133495. (Septem ber 3,19 98 )


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 6 2 6
’19 JUL 18 P3 ;46
Introduced by SENATOR LEILA M. DE LIMA
Rl' . 
' 1 1
ir
AN ACT
AMENDING 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. Section 74 of the Republic Act No. 7160, also known as the Local
2 
Government Code of the Philippines, as amended, is hereby further amended to read
3 
as follows:
4 
“Section 74. Limitations on Recall. -
5 
(a) Any elective local official may be the subject of a recall
6 
election only once during his term of office for loss of
7 
confidence.
8 
(b) No recall shall take place within one (1) year from the date
9 
of the official’s assumption to office or one (1) year immediately
10 
preceding a regular local election.
11 
(C) NO LOCAL ELECTIVE OFFICIAL WHO HAS
12 
ALREADY SERVED 
THREE (3) CONSECUTIVE
13 
TERMS MAY RUN FOR THE SAME OFFICE IN
14 
RECALL 
ELECTIONS 
HELD 
IMMEDIATELY
15 
FOLLOWING 
THE 
END 
OF 
HIS/HER 
THIRD
16 
CONSECUTIVE TERM.’’


1 
Section 2. Section 75 of the Republic Act No. 7160, also known as the Local
2 
Government Code of the Philippines, as amended, is hereby further amended to read
3 
as follows:
4 
“Section 75. Expenses Incident to Recall Elections. 
-  All
5 
expenses incident to recall elections shall be borne by the
6 
COMELEC. For this purpose, there shall be included in the
7 
annual General Appropriations Act a contingency fund [ot-the
9 
A LINE ITEM APPROPRIATION FOR THE CONDUCT
10 
AND SUPERVISION OF RECALL ELECTIONS UNDER
11 
THE PROGRAM CATEGORY OF ITS ANNUAL BUDGET
12 
at the disposal of the COMELEC for the conduct of recall
13 
elections.”
14 
Sec. 3. Repealing Clause. - All laws, executive orders, presidential decrees,
15 
presidential proclamations, letters of instruction, rules and regulations or parts
16 
thereof inconsistent with the provisions of this Act are hereby repealed or modified
17 
accordingly.
18 
Sec. 4. Effectivity. - This Act shall take effect upon its approval fifteen (15) days
19 
following its publication in the Official Gazette or in at least two (2) newspapers of
20 
general circulation in the Philippines.
Approved,