CLAUDIO v. COMELEC G.R. 140560.

May 4, 2000 FACTS Jovito Claudio was the duly elected mayor of Pasay City during the 11 May 1998 elections. He assumed office on 1 July 1998. On 19 May 1999, an ad hoc committee was formed for the ur ose of convening a Pre aratory !ecall "ssem#ly $%P!"&'. On (9 May 1999, ma)ority of the mem#ers of the P!" ado ted a !esolution to *nitiate the !ecall of Mayor Jovito Claudio for +oss of Confidence. On ( July 1999, the etition for recall was formally su#mitted to the Office of the ,lection Officer. Co ies of the etition were osted in u#lic laces in Pasay City and the authenticity of the signatures therein was verified #y the election officer for Pasay City. -he etition was o osed on several grounds. Princi ally, that the convening of the P!" too. lace within the one/year rohi#ited eriod under 0ec. 12, +3C which rovides4
Limitations on Recall. - (a) Any elective local official may be the subject of a recall election only once during his term of office for loss of confidence. (b) No recall shall take place ithin one (!) year from the date of the official"s assumption to office or one (!) year immediately preceding a regular local election. ####

-he COM,+,C granted the etition. *t ruled that the etition did not violate the one/year #an #ecause the etition was filed on ( July 1999, one day after Claudio5s assum tion of office.

ISSUES 1. 6o7 the word recall in 0ec. 12$#', +3C covers a rocess which includes the convening of the Pre aratory !ecall "ssem#ly and its a roval of the recall resolution. (. 6o7 the term 8regular local election8 in the last clause of 0ec. 12$#', +3C includes the election eriod for that regular election or sim ly the date of such election. HELD/RATIO !. $he ord recall in %ec. &'(b)( L)* refers to the to the election itself by means of voters decided hether they shall retain their local official or elect his replacement. hich

!ecall is a rocess which involves the following ste s4 $1' the convening of the re aratory assem#ly or gathering of the signatures of at least (9: registered voters in the +3;< $(' the filing of the recall resolution or etition with the COM,+,C< $=' the verification of the resolution or etition< $2' fi>ing of the date of the recall election< and $9' holding of the election. -hat the word %recall& used in 0ec. 12$#', +3C, refers to the recall election itself is due to the following reasons4 $1' 0ec. ?9, +3C rovides that the ower of recall shall #e e>ercised #y the registered voters of the +3; to which the local elective official #elongs. *t is clear that the ower of recall referred to in 0ec. ?9 is the ower to retain@re lace

officials and not the ower to initiate recall roceedings. -hus, the limitations under 0ec. 12 $+imitations on !ecall' a ly only to the recall elections. *n )arcia v. *+,-L-*( the delegation of the ower to initiate recall roceedings from the electorate to the P!"s was Auestioned. -he 0u reme Court held that what the Constitution gave to the eo le is the ower to recall and not the ower to initiate the recall roceedings. -he holding of the P!" is not the recall itself. $(' -hat the word recall refers to the recall election is consistent with the ur oses 1 of the limitations on recall. -he ur ose of the first limitation is to rovide a reasona#le #asis for )udging the erformance of the official $"ngo#ung v. COM,+,C'. -his )udgment is not given during the reliminary roceedings $such as the convening of the P!"' #ut through the vote during the recall election itself. $=' -hat the word recall refers to the recall election is to u hold the constitutional rights of s eech and freedom of assem#ly of P!" mem#ers. -o hold that limitation includes the formation of o inion through u#lic discussions on the matter of recall of an official is to curtail these constitutional rights. .. $he term /regular elections0 does not include the election period. -o construe the word %regular elections& as including the election eriod would emasculate the right of the eo le to e>ercise the ower of recall. *n 1aras v. *+,-L-*( the 0u reme Court held that the limitations on 0ec. 12 $a' and 0ec. 12 $#' would mean that a local elective official may #e su#)ect only to recall during the second year of his@her term $in this case, from 1 July 1999 to mid/May (BBB' *f the %regular elections& mentioned in 0ec. 12$#' would include the election eriod, which commences 9B days from the date of the election and e>tends to =B days thereafter, the eriod during which the ower of recall may #e e>ercised will #e reduced even more. $in this case, from 1 July 1999 to mid/Ce#ruary (BBB' HELD/RATIO Petition D*0M*00,D.

$1' that no recall shall ta.e lace within one year from the date of assum tion of office of the official concerned< and $(' that no recall shall ta.e lace within one year immediately receding a regular local election.