Recall Petitions Require Signatures from 25% of Registered Voters

G.R. No. 126576, March 05, 1997

Imagine a scenario where a single disgruntled voter could trigger a recall election, throwing an entire local government into disarray. The Philippine legal system, however, guards against such instability. This case clarifies the stringent requirements for initiating a recall election, emphasizing the need for substantial community support.

This case, Mayor Ricardo M. Angobung v. Commission on Elections En Banc and Atty. Aurora S. De Alban, revolves around a recall petition filed by a single voter against an incumbent mayor. The Supreme Court addressed whether a recall election can proceed when the initial petition lacks the support of at least 25% of the registered voters.

The Legal Framework for Recall Elections

Recall is a mechanism that allows voters to remove an elected official from office before the end of their term. It’s a powerful tool of direct democracy, but it must be exercised responsibly and in accordance with the law.

Section 69(d) of the Local Government Code of 1991 (Republic Act No. 7160) governs the initiation of recall elections. It explicitly states that a recall may be initiated “upon petition of at least twenty-five percent (25%) of the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected.”

The purpose of this 25% requirement is to prevent frivolous or politically motivated recall attempts. It ensures that a significant portion of the electorate supports the recall before the costly and disruptive process of a recall election is initiated.

To further understand the gravity of recall, here is the exact text from the law:

“recall of any elective x x x municipal x x x official may also be validly initiated upon petition of at least twenty-five percent (25%) of the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected”

Imagine a small town where a mayor makes an unpopular decision, like raising local taxes to fund infrastructure improvements. While some residents may be unhappy, the law prevents a small group from immediately launching a recall campaign. They must first gather the support of at least 25% of the registered voters, demonstrating that the dissatisfaction is widespread and not merely a localized grievance.

The Case: Angobung vs. COMELEC

In the 1995 local elections, Ricardo Angobung was elected Mayor of Tumauini, Isabela, securing 55% of the votes. Aurora Siccuan de Alban, a fellow candidate in that election, later filed a Petition for Recall against him in September 1996.

The petition was initially signed only by De Alban. Despite this, the COMELEC approved the petition and scheduled a signing event for other registered voters to reach the 25% threshold, followed by a recall election. Mayor Angobung challenged this decision, arguing that the petition was invalid because it did not initially meet the 25% signature requirement.

The case proceeded through the following steps:

1. Filing of Recall Petition: De Alban filed a recall petition with the Local Election Registrar.
2. COMELEC Approval: The COMELEC approved the petition despite it being signed by only one person.
3. Scheduled Signing and Election: The COMELEC scheduled a signing event and a subsequent recall election.
4. Supreme Court Intervention: Mayor Angobung filed a petition with the Supreme Court, which issued a Temporary Restraining Order.

The Supreme Court sided with Mayor Angobung, emphasizing the clear language of the Local Government Code. According to the Court:

“recall of any elective x x x municipal x x x official may also be validly initiated upon petition of at least twenty-five percent (25%) of the total number of registered voters…”

The Court further stated:

“We cannot sanction the procedure of the filing of the recall petition by a number of people less than the foregoing 25% statutory requirement, much less, the filing thereof by just one person, as in the instant case, since this is indubitably violative of clear and categorical provisions of subsisting law.”

The Supreme Court declared the COMELEC resolution null and void, reinforcing the importance of adhering to the 25% requirement at the outset of a recall proceeding. The court stressed that it is important that the people, and not just one person, initiate the recall process.

Practical Implications of the Angobung Ruling

This case serves as a crucial reminder that recall elections are not to be taken lightly. They require substantial support from the community, as evidenced by the 25% signature requirement. The ruling protects elected officials from frivolous recall attempts and ensures stability in local governance.

Key Lessons:

• A recall petition must be initiated by at least 25% of the registered voters.
• The COMELEC cannot approve a recall petition that does not meet this initial threshold.
• The purpose of the 25% requirement is to prevent abuse of the recall process.

Consider a scenario where a homeowners’ association president is accused of mismanaging funds. A small faction within the association, unhappy with the president’s decisions, attempts to initiate a recall election. However, they struggle to gather the required signatures. Thanks to the precedent set by Angobung v. COMELEC, the election board cannot proceed with the recall until the 25% threshold is met, protecting the president from a premature and potentially unfounded removal from office.

Frequently Asked Questions

Q: What is a recall election?

A: A recall election is a procedure that allows voters to remove an elected official from office before the end of their term.

Q: What is the minimum requirement to initiate a recall election?

A: The law requires a petition signed by at least 25% of the registered voters in the relevant local government unit.

Q: Can one person file a recall petition?

A: No, the Supreme Court has ruled that a recall petition must be initiated by at least 25% of the registered voters, not just one individual.

Q: What happens if the 25% requirement is not met?

A: The COMELEC cannot approve the recall petition, and the recall election cannot proceed.

Q: What is the purpose of the 25% requirement?

A: To prevent frivolous or politically motivated recall attempts and ensure that there is substantial community support for the recall.

Q: Does the Local Government Code of 1991 discuss recall?

A: Yes, Section 69(d) of the Local Government Code of 1991 governs the initiation of recall elections.

Q: What happens if the local election is coming up soon?

A: No recall shall take place within one (1) year immediately preceding a regular local election.

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