You have the power.
So, your mayor stole from the city funds. Then he spent all those money buying expensive houses and cars plus his trips abroad with the family. Can you do something about it? Yes, you can. You and your fellow citizens can file a petition to oust him from office.
Yes, it's true! If you happen to lose confidence on your elected official, you can remove him from office by way of a petition for an election recall. In fact, you can do the same to your governor, city councilors, barangay captain and every elected local government unit (LGU) officials.
According to the Local Government Code of the Philippines as amended by RA 9244, the power to recall a local elective official due to loss of confidence shall be exercised by registered voters of the local government unit (LGU) where the official serves. Any provincial, city, municipal, or barangay official may be subjected to a recall.
For better understanding of the said law, please refer to the INFOGRAPHIC below, courtesy of Rappler.com.
These are the required number of petitioners for a recall petition, according to the Local Government Code:
Voting Population in LGURequired Percentage/Number of Petitioners
Less than 20,000 At least 25%
20,000 - 74,999 At least 20%, but not less than 5,000
75,000 - 299,999 At least 15%, but not less than 15,000
More than 300,000 At least 10%, but not less than 45,000
There are, however, additional restrictions set by the Local Government Code:
- A local official may be subjected to a recall election only once during his term of office.
- While the recall process is ongoing, the local official sought to be recalled cannot resign.
Petitions really happened before
According to Rappler, there had been 38 petitions filed before the COMELEC between 2010 to 2012, however, none of these has resulted to an actual recall election because they were cancelled due to the 2013 midterm elections.
Nine mayors, 7 vice mayors, 18 city and municipal councilors, and a barangay captain were sought to be recalled during that period.
Year Local Gov't Unit Official(s) Sought to be Recalled
2010Samar Governor Sharee Ann Tan
Vice Governor Stephen James Tan
2011Bani, Pangasinan Mayor Marcelo Navarro
Vice Mayor Filipina Rivera
Councilors Rosalinda Acenas, Ruben Ampler, Tamerlane Olores, and Cothera Gwen Yamamoto
San Manuel, Tarlac Vice Mayor Emmalyn Rillera
Councilor Melvin Malazo
Palawan Governor Abraham Kahlil Mitra
Rizal, Palawan Mayor Nicolas Montaño, Sr.
Roxas, Palawan Mayor Ma. Angela Sabando
Pasacao, Camarines Sur Mayor Asuncion Arceño
Councilor Niño Tayco
Cortes, Bohol Vice Mayor Danilo Montero
Danao City, Cebu Mayor Ramon Durano Jr
Vice Mayor Ramon Durano III
Councilors Marilou Camaongay-Flores, Jorge John Cane, Cynthia Duterte, Jovilina Enriquez, Alejandro Lawas, Miguel Antonio Magpale, Carmen Remedios Meca, Roland Reyes, and Jose Thaddeus Roble Jr
Samboan, Cebu Vice Mayor Rogelio Capa
Councilor Jeffrey Catipay
Rajah Buayan, Maguindanao Mayor Yacob Lumenda Ampatuan
Simunul, Tawi-Tawi Mayor Nazif Ahmas Bayo Abdurrahman
2012Gapan City, Nueva Ecija Mayor Christian Tinio
Vice Mayor Rodel Matias
Councilors Marcelino Alvarez and Eliser Padiernos
Dumaran, Palawan Mayor Medwin Pablico
El Nido, Palawan Vice Mayor Edgardo Trinidad
Brgy. Kemdeng, San Vicente, Barangay Captain Daniel Latube
Palawan
As of September 2014, there are 5 pending recall petitions before the Comelec.
Meanwhile, the last recall election in the country took place more than a decade ago, on April 26, 2003, in Agoo, La Union. The municipal recall assembly sought to recall Vice Mayor Ramil Lopez for "wanton neglect of duties."
Councilor Sheila Milo ran against Lopez and defeated him in that election.
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