8. Recall

Revocation or Recall of Appointment

General Rule: An appointment that has been completed and accepted generally cannot be withdrawn at the appointing authority’s whim; it remains subject to CSC review and recall on grounds authorized by civil-service law and rules.

Grounds when CSC has power to recall, on its own initiative, an appointment initially approved:

• Non-compliance with the procedures/criteria provided in the agency’s merit promotional plan
• Failure to pass through the agency’s selection/promotion board
• Violation of the existing collective agreement between management and employees relative to promotion
• Violation of other existing civil service law, rules and regulations

Procedure:

• Recall is initiated by a petition signed by the required number of registered voters.
• Petition signed by at least 25% of the registered voters in an LGU with not more than 20,000 registered voters; 20% in an LGU with 20,001–75,000; 15% in an LGU with 75,001–300,000; or 10% in an LGU with more than 300,000, subject to the statutory minimum-signature provisos under Sec. 70(a) of the Local Government Code, as amended by RA 9244.
• The written petition for recall should be duly signed before the election registrar or his representative and in the presence of the representative of the petitioner and the official sought to be recalled.
• It should be signed in a public place.
• Petition should be filed with COMELEC through its office in the LGU concerned.
• Publication of petition for 10-20 days in order to verify the authenticity and genuineness of the petition and the required percentage of voters.

Effectivity of Recall

• Recall will only be effective upon the election and proclamation of a successor.
• If the official sought to be recalled receives the highest number of votes, confidence in him is affirmed and he shall continue in office.

Limits on Recall:

• Elective local official can be the subject of a recall election only once during his term of office.
• No recall shall take place within 1 year from the date of the official’s assumption to office or 1 year immediately preceding a regular local election.

The authentication of signatures in a recall petition is done during the determination of the names, signatures and thumb marks of petitioners, not during the determination of the sufficiency of the form and substance of the petition. (Sy-Alvarado v. COMELEC, G.R. No. 216457 (2015)).