FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
Second Regular Session 
SENA1P 
s. No. 
;jOSa 
Introduced by Senator Miriam Defensor Santiago 
EXPLANA TORY NOTE 
The Constitution, Article 10, Section 3, provides: 
NOV 17 P2:28 
Section 3. 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 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 serve for more than three consecutive telms. Voluntary renunciation ofthe 
office for any length of time shall not be considered as an inten'uption 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 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. Comelec, I 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 
I G.R. Nos. 154512, 154683, 155083-84, November 12,2002. 
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third term constituted a break in service. The Supreme Court therefore allowed him to run for the 
recall elections. 
In Borja v. Comelee,2 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." 
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 of the constitutional provision in question." 
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. ,,3 
2 G.R. No. 133495. September 3,1998. 
3Id. 
2 


,-:,~< 
r~1,U 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
. "~c_"t,-t:-' :0(fI1 c n f If]'::: I't 1 C'lvy 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'11 
NDV 17 P 2 :28 
Introduced by Senator Miriam Defensor Santiago 
I 
AN ACT 
2 
AMENDING SECTION 74 OF REPUBLIC ACT NO. 7160, ALSO KNOWN AS THE LOCAL 
3 
GOVERNMENT CODE, ON LIMITATIONS ON RECALL 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Section 74 of Republic Act No. 7160, also known as the Local Government 
5 
Code ofthe Philippines, as amended, is hereby further amended to read as follows: 
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"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 (I) year from the date of the 
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official's assumption to office or one (I) year immediately preceding a regular 
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local election. 
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(C) NO LOCAL ELECTIVE OFFICIAL WHO HAS SERVED FOR 
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THREE CONSECUTIVE TERMS MAY RUN FOR RECALL ELECTIONS 
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HELD IMMEDIATELY AFTER THE NEXT REGULAR ELECTION FOR THE 
IS 
SAME OFFICE FOLLOWING THE END OF THE THIRD CONSECUTIVE 
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TERM; PROVIDED, THAT SUCH SHALL NOT BE APPLICABLE TO THE 
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TERM OF THE OFFICIAL SOUGHT TO BE RECALLED." 
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SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
2 
publication in at least two (2) newspapers of general circulation. 
Approved, 
Imamt26111120 II 
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