Saturday, December 29, 2007

Recall of Gov. Ed Panlilio

Democratic experience, here and abroad, shows that the right of recall is a double-edged sword. Rightly used, it can promote the greater good. Wrongly used, it can result in greater evil. (Chief Justice Reynato Puno)

The recall bid against Gov. Ed Panlilio is carried by PDI today. I’m sure this issue will be the talk of the town in the days to come.

Here are the FAQs on recall for ease of understanding and reference.

What is a recall in the context of Local Government Code of 1991 (RA 7160)?

A recall is a power granted to the electorate to remove an elected official for loss of confidence.

What does loss of confidence mean?

Loss of confidence is the formal withdrawal by an electorate of their trust in a person's ability to discharge his office previously bestowed on him by the same electorate.

Whether or not the electorate has lost confidence in an incumbent is a political question. It belongs to the realm of politics where only the people are the judge. (Evardone vs. COMELEC et. al., GR No. 94010, 2 December 1991)

What is the purpose of recall?

While recall was intended to be an effective and speedy remedy to remove an official who is not giving satisfaction to the electorate regardless of whether or not he is discharging his full duty to the best of his ability and as his conscience dictates, it is a power granted to the people who, in concert, desire to change their leaders for reasons only they, as a collective, can justify. In other words, recall must be pursued by the people, not just by one disgruntled loser in the elections or a small percentage of disenchanted electors. Otherwise, its purpose as a direct remedy of the people shall be defeated by the ill motives of a few among them whose selfish resort to recall would destabilize the community and seriously disrupt the running of government. (Angobung v. COMELEC, 269 SCRA 245 [1997])

The bottomline is that our law intends recall as a mechanism of good government. It can never fulfill that intent if we allow its use to foment too much politics. (Claudio vs. COMELEC et. al, G.R. No. 140560, 4 May 2000)

How shall the recall of a governor be commenced?

The recall of a governor shall be commenced by a petition of a registered voter in the province concerned and supported by at least 10% of registered voters, provided, however, that in no case shall the required petitioners be less than 45,000. (Section 1, RA 9244)


In the case of Pampanga, the required petitioners must be at least 98,703 which represent 10% of the total number of registered voters in Pampanga as of 20 April 2007 based on the records of COMELEC (

In other words, Guaio et. al. may require at most 98,703,000 pesos (if the signature of a petitioner is priced at 1,000 pesos per person) just to commence the recall of Among Ed. This excludes the hundreds of millions of pesos to be used to buy votes during the recall election itself.

What happens next after the commencement of a recall?

The process of recall shall be effected in accordance with the following procedures:

1. A written petition for recall duly signed by the representatives of the petitioners shall be filed in the COMELEC provincial office.

2. If the petition is found to be sufficient in form, the Comelec shall form the issuance of the certification, provide the official sought to be recalled a copy of the petition, cause its publication in a national newspaper of general circulation and a newspaper of general circulation in the locality.

3. The Comelec shall proceed independently with the verification and authentication of the signatures of the petitioners and registered voters contained therein. The filing of any challenge or protest shall be allowed which shall be ruled upon with finality within 15 days from the date of filing of such protest or challenge.

4. The Comelec shall announce the acceptance of candidates to the position and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled.

5. The Comelec shall set the date of the recall election, which shall not be later than 45 days upon the completion of the procedure outlined above. The official sought to be recalled shall automatically be considered as duly registered candidate to the position to be voted upon.

6. The official sought to be recalled may file petition for certiorari and prohibition before the Supreme Court seeking the nullification of the resolution of the COMELEC giving due course to the petition for the recall.

What are the limitations of a recall?

1. Any elective local official may be the subject of a recall election only once during his term of office for loss of confidence. (para. a, Section 74, RA 7160)

2. 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. (para. b, Section 74, RA 7160)

If 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, does it mean that Among Ed cannot be recalled until after 30 June 2008?

In the case of Claudio vs. COMELEC, supra, the Supreme Court held that the term "recall" refers to the recall election and not to initiation of recall proceeding. The initiation of recall "merely sets the stage for the official concerned before the tribunal of the people so he can justify why he should be allowed to continue in office." Hence, a recall election for governor in Pampanga cannot be held until after 30 June 2008. However, the initiation of recall proceedings (commencement, filing of petition with the COMELEC and etc.) is not prohibited within the one-year period.

In other words, what is forbidden are : (1) the holding of recall election within one year from the date the official assumed office, and (2) holding of a recall election within one year immediately preceding a regular local election. As succinctly stated in Paras vs. COMELEC (264 SCRA 48, 54 [1996]), para. (b)construed together with para. (a) of Section 74, RA 7160 "merely designate the period when such elective local official may be subject to recall election, that is, during the second year of office."

When shall a recall take effect?

The recall of an elective local official shall be effective only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall. Should the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed, and he shall continue in office.(Section 72, RA 7160)


Anonymous said...

Majority of the Kapampangans are not dumb and stupid to support such a recall for the governor. Black propagandas of these politicians are only being done to grab power in the province. They also say that Among Ed has not done anything, the people know the truth and no money media from these politicians can prevail with their evil malicious plans. LUID KA PAMPANGA!!! GOD BLESS US!!!

Anonymous said...

wat u say is non sense. u r not aware of wat is really happening in pampanga. lumwal ka keng pibale bale mu at makibalita ka bang akit mu nung makananu ya karok pamanungkulan ing imoral a "among ed" a yan. sasamban ye antimong alang bahid kasalanan at kamalian kabang pari yang makasalanan at mangmang keng epektibong pamangubyerno. migising ka kabalen! nung kapampangan ka man..
its not just about good governance, its about good and effective governance worthy of the trust of the poor, not just of the elite and religious.
nasubok na si among ed, convince him to run for governor again. we will see the renewed voice of the kapampangans!

Anonymous said...

sorry for the very late response to ur comment. it so happened na ngaun ko lang nabasa. anyway, i respect ur opinion but i doubt it if majority of kapampangans still share ur belief. god bless pampanga.

Anonymous said...

Yes undoubtedly, in some moments I can say that I jibe consent to with you, but you may be in the light of other options.
to the article there is still a definitely as you did in the go over like a lead balloon a fall in love with efflux of this solicitation xtreme pro 4.0 ?
I noticed the axiom you suffer with not used. Or you functioning the dreary methods of helping of the resource. I possess a week and do necheg

Alice Thomas said...
This comment has been removed by the author.
Aria Kerry said...
This comment has been removed by the author.
aaa designer handbags said...

It's absolutely Perfect!I love the way on how you decorate those frames on the wall, and it goes with the floor too.Cool!Green Chanel Tweed Bag
Ashley Simpson Always Simple Slouchy with Chanel Duffle Bag
Rinko Kikuchi Quirky with a Crimson Chanel Flap Bag

Anonymous said...

Amiable post and this mail helped me alot in my college assignement. Thank you seeking your information.

Anonymous said...

Naked [url=] nude video clips[/url] nakedpictures

Anonymous said...


I begin on internet with a directory

youlacka said...

That is really very good article.kızlarla chat,I am glad to know.mersin chat,Thanks for sharing !avrupa chat

saç ekimi said...

Amiable post and this mail helped me alot in my college assignement. Thank you seeking your information.

tax attorney said...

I could tell how great you are in your field of interest. You could relate in each detail very well. Thank you for spending a time on sharing such informative writings to us. I will bookmark your page and looking forward to read some more of your writings soon.

paycheck loan said...

It is nice to find a site about my interest. My first visit to your site is been a big help. Thank you for the efforts you been putting on making your site such an interesting and informative place to browse through. I'll be visiting your site again to gather some more valuable information. You truly did a good job.

android app developer said...

Reading is my passion. Browsing through your site gives me a lot of knowledge in so many ways. Thank you for the efforts you made in writing and sharing your points of view. Looking forward to learn some more from you. Keep it up.

nike free run cheap said...

Nice post! Thanks and keep on sharing

Affordable Logo Design said...

Just wanted to say that I read your blog quite often and am always amazed at some of the stuff people post here. But keep up the good work, it is always interesting. A lot of the information in this post has been very useful.

Anonymous said...

canada goose coats cheap online sale Denmark Canada, UK,
goose trillium parka jackets womens online sale Denmark Canada, UK,
goose freestyle vest sale online sale Denmark Canada, UK,
Goose Chilliwack Bomber online sale Denmark Canada, UK,
Canada Goose Mens Citadel Parka online sale Denmark Canada, UK,
Canada Goose Expedition Parka sale online sale Denmark Canada, UK,
Mens goose snow mantra parka online sale Denmark Canada, UK,
Canada Goose Yorkville Parka sale online sale Denmark Canada, UK,
womens Goose Chilliwack Parka jackets online sale Denmark Canada, UK,
womens Goose Expedition Parka Jackets online sale Denmark Canada, UK,
womens Goose Kensington Parka online sale Denmark Canada, UK,
Canada Goose Womens Montebello Parka online sale Denmark Canada, UK,
womens Goose Solaris Parka Jackets online sale Denmark Canada, UK.

Anonymous said...

pozyczka pozabankowa bez bik przez internet
pożyczki bez bik głogów
kredyty chwilówki grochowska 332
bocian kredyty na dowód do domu
pożyczki pozabankowe do 5000
kredyt bez bik

Anonymous said...

I read this post completely about the comparison of hottest and previous technologies, it's remarkable article.

my blog post :: Social bookmarking service

Anonymous said...

Greetings! Very useful advice in this particular post!

It's the little changes which will make the greatest changes. Many thanks for sharing!

Here is my blog post ... World Of Tanks Hack

Anonymous said...

I'm not sure exactly why but this web site is loading extremely slow for me. Is anyone else having this issue or is it a issue on my end? I'll check back later on and see if the problem still exists.

Review my web-site ... Starcraft 2 Hack

Anonymous said...

I think that what you wrote made a ton of sense.

But, what about this? suppose you were to create a awesome post title?
I am not saying your information is not solid.
, but suppose you added a post title that makes people
desire more? I mean "Recall of Gov. Ed Panlilio" is a
little boring. You might look at Yahoo's home page and note how they create post titles to grab viewers to open the links. You might add a video or a related picture or two to grab readers excited about everything've
got to say. In my opinion, it could make your blog a little livelier.

Stop by my web blog diaper rash home remedies

Anonymous said...

Nice replies in return of this issue with firm arguments and describing everything concerning that.

Feel free to surf to my webpage

Anonymous said...

After checking out a few of the blog articles on your site, I honestly like your technique
of blogging. I book-marked it to my bookmark site list and will be checking back soon.
Please visit my website as well and let me know
how you feel.

Here is my web page ...

Anonymous said...

裏は非常に明確なゴムとコルクを注入し、のリブ追加トラクション。だから、はいくつかのことをみんなで、親戚。シャフト ピーク メンズに
クラシック 短い は 8。5 インチ。 それに等しい、急速 利点 $ 40、しないように 指摘
貯蓄 周り 多く クリーニング。

My web site: ルイヴィトン

Anonymous said...

Wow! Finally I got a weblog from where I be capable of really obtain useful information regarding my
study and knowledge.

Feel free to surf to my weblog; レイバン

Anonymous said...

あなたが着ているもののだから関わらず、バッグはよく見ますと、あなたはあまりにもファッショナブルで、自信を持って見ていることを確認します特別バーバリー英国を取り付けるためにセールで販売コーチバッグにグッチの靴は、最大保持する提供シンプルなゴールドのリンクがあるいくつかの魅力に |それは丈夫、実用的でトレンディなバッグを選ぶことになると、細部に注意を払う女性専用.
もっと古典的なファッションの一つ、リトルブラックドレスは、商標シャネルキルティングもののように、ヴィンテージバッグと完璧になる たぶんレプリカ時計を買うことはほとんどの人々のための良い選択ですが、レプリカwathesを購入する方法は、非常に多くのウェブサイトがインターネット上にあります

Here is my web blog :: シャネル バッグ

Anonymous said...

オーストラリアの UGGブランド名の履物であるかなりアップとこれらを来て日。これらのブーツ関数畝意味アウトソール優れたすべての牽引種類の床。取る
は わずか ウェット スポンジと 使用 いくつか 代替 それを。 ように 他 知っているあなた 正当な スタイル、共通 シープスキン ブーツ を有効にする は トン。A 優れた ] をクリックします-を通じて オンライン と、大規模な 製品の販売
数 両方均等に を確認。 気象条件 です かなり で寒く 重要な-緯度 スポット。 Ugg bootsare
意味 には リラックスした まだ 居心地の良い フィット。 境界 近くに 靴底
示しています オフをちりばめた 鋼 装飾

Take a look at my blog post - ugg ブーツ

Anonymous said...

履物 になって は ヴォーグ 狂気のいけ 間で 成人女性 で、以前 と 2000 年代半ば。
あなたがスリップするときは クラシック ミニ ブーツ、sockless のそれを行います。 それ 可能性が ことは 優れた 戦略 に 差し出す それの代わりに 取得 今。 ことができます 決定 繊細な 色相これ フォーム として栗や砂の 色。

My blog post ... ugg

Anonymous said...

何を が必要 さえすればよい 決定 は 尊敬 web 小売業者にあなた 購入 から しかし、ほとんどの人々 の最終的な称賛 成功。

Visit my weblog: UGG

Anonymous said...

It's an remarkable article in support of all the internet users; they will obtain benefit from it I am sure.

Take a look at my web blog Unknown

Anonymous said...

When I initially commented I clicked the "Notify me when new comments are added" checkbox and now each time
a comment is added I get three e-mails with the same comment.
Is there any way you can remove me from that service?
Thank you!

my webpage ... www.diaperrashhomeremedies.Com

Anonymous said...

Saved as a favorite, I love your website!

My blog ...

Anonymous said...

Hi everybody, here every one is sharing these kinds of knowledge,
so it's fastidious to read this blog, and I used to visit this web site all the time.

Check out my weblog:

Anonymous said...

Hmm it seems like your blog ate my first comment (it was extremely long) so I
guess I'll just sum it up what I wrote and say, I'm thoroughly enjoying your blog.
I as well am an aspiring blog blogger but I'm still new to everything. Do you have any suggestions for novice blog writers? I'd really appreciate it.

Also visit my site - Unknown

Anonymous said...

I know this is kind of off topic but I was curious if you knew where
I could possibly download a captcha plugin for my feedback form?
I'm utilising the same blog system as you and I'm having difficulty finding one?

Feel free to surf to my page: auburn movers

Anonymous said...

Nice post. I learn something totally new and challenging on sites I stumbleupon every
day. It's always helpful to read through content from other authors and practice something from other sites.

My homepage :: Download 7Zip

Anonymous said...

You really make it appear so easy with your presentation but I to find this topic to be really one thing that I think
I would never understand. It sort of feels too complicated and extremely
vast for me. I'm taking a look forward on your subsequent put up, I'll attempt
to get the hold of it!

Feel free to surf to my web site ... dragonvale cheats

Anonymous said...

If you would like to obtain a great deal from this post then you have to apply such strategies
to your won website.

Feel free to surf to my web blog; Stretch Marks

Anonymous said...

Thanks for sharing such a nice opinion, article is good, thats why
i have read it entirely

my page :: refinishing hardwood floors

Anonymous said...

My brother recommended I might like this web site. He was entirely right.
This post truly made my day. You cann't imagine simply how much time I had spent for this information! Thanks!

my blog - Diaper Rash Remedies

Anonymous said...

When some one searches for his vital thing, so he/she wants to be available
that in detail, therefore that thing is maintained
over here.

Feel free to visit my web blog Unknown

Anonymous said...

I'm gone to say to my little brother, that he should also visit this blog on regular basis to obtain updated from most up-to-date information.

My web-site: Coconut Oil For Hair

Anonymous said...

Truly no matter if someone doesn't be aware of afterward its up to other viewers that they will help, so here it happens.

Also visit my web blog Unknown

Anonymous said...

I know this site gives quality based articles and extra material, is there any other
web page which offers these kinds of data in quality?

my homepage ... Http://Www.Dailystrength.Org/

Anonymous said...

Hurrah! Finally I got a blog from where I know how to truly take
valuable information regarding my study and knowledge.

Also visit my website :: Unknown

Anonymous said...

When someone writes an post he/she maintains the thought
of a user in his/her mind that how a user can understand it.

Thus that's why this piece of writing is outstdanding. Thanks!

Stop by my web blog permanent hair straightening

Anonymous said...

Why people still make use of to read news papers
when in this technological globe the whole thing is accessible on net?

Feel free to visit my site - Jailbreak Ps3 Game

Anonymous said...

Write more, thats all I have to say. Literally, it seems as though you relied
on the video to make your point. You obviously know what youre talking about,
why throw away your intelligence on just posting videos to your blog when
you could be giving us something informative to read?

Feel free to surf to my web blog Diarrhea Remedies

Anonymous said...

Thanks , I have recently been searching for information approximately this topic
for ages and yours is the greatest I have found out till
now. However, what concerning the conclusion? Are you sure concerning the supply?

Feel free to visit my page Recycling facts

Anonymous said...

I read this post fully on the topic of the resemblance of latest and earlier technologies, it's remarkable article.

Feel free to visit my website the interlace

Anonymous said...

I'm extremely pleased to uncover this great site. I need to to thank you for your time for this fantastic read!! I definitely liked every part of it and I have you bookmarked to see new information on your web site.

my web page: Dragon City Cheat Engine

Anonymous said...

Attractive section of content. I just stumbled upon your blog and in accession capital to assert that I get actually enjoyed account your blog posts.
Any way I'll be subscribing to your feeds and even I achievement you access consistently rapidly.

Here is my website; Code Psn Gratuit

Anonymous said...

My partner and I stumbled over here different website and
thought I may as well check things out. I like what I see so
i am just following you. Look forward to looking at your web page yet

My blog post :: Microsoft office gratuit

Anonymous said...

Hi there are using Wordpress for your site platform?

I'm new to the blog world but I'm trying to get started and set up my own.
Do you need any coding knowledge to make your own blog?
Any help would be greatly appreciated!

My weblog ... World Of Tanks Hack

Anonymous said...

My coder is trying to convince me to move to .net from PHP.

I have always disliked the idea because of the expenses.
But he's tryiong none the less. I've been using Movable-type on a
variety of websites for about a year and am anxious about switching
to another platform. I have heard fantastic things about blogengine.
net. Is there a way I can import all my wordpress content into it?
Any kind of help would be greatly appreciated!

Stop by my page: ps jailbreak ()

Anonymous said...

If some one desires expert view concerning running a blog afterward i suggest him/her to pay a visit this webpage,
Keep up the fastidious job.

Have a look at my site ps3 jailbreak (Squadmeet.Com)

Anonymous said...

Good site you have here.. It's hard to find excellent writing like yours nowadays. I seriously appreciate individuals like you! Take care!!

Here is my homepage ... ps3 games jailbreak ()

Anonymous said...

Hi there to every , because I am genuinely keen of reading
this web site's post to be updated regularly. It carries pleasant information.

Feel free to visit my web blog: Minecraft Gift Code Generator

Anonymous said...

fantastic submit, very informative. I'm wondering why the other experts of this sector do not realize this. You must continue your writing. I am confident, you've a great readers' base already!

Here is my web page; Minecraft Crack ()

Anonymous said...

Can I just say what a relief to find a person that truly knows what they're talking about over the internet. You certainly know how to bring an issue to light and make it important. More and more people ought to look at this and understand this side of the story. It's surprising you are not
more popular since you certainly have the gift.

Have a look at my page :: ITunes Code Generator