Resolution No. 9374

WHEREAS, the Commission on Elections (Commission), by virtue of Resolution No. 7505, promulgated 06 June 2005, set forth the Rules and Regulations for the Recall of elective local officials, as provided for under the Local Government Code (Republic Act No. 7160), as amended;

WHEREAS, as of even date, there are a total of THIRTY EIGHT (38) Petitions for Recall filed with the Commission for the period 2010 to 2012, of which fourteen (14) Petitions have been declared with finality as SUFFICIENT in form by the Commission en banc;

WHEREAS, earlier this year, the Office of the Deputy Executive Director for Operations (ODEDO) has submitted a budgetary estimate for the conduct of recall elections involving those aforesaid fourteen (14) Petitions declared with finality to be sufficient, in the total amount of Php114,465,425,00;

WHEREAS, the Finance Services Department (FSD) has already certified that while the Commission yearly proposes a considerable amount to the Department of Budget and Management (DBM) for the conduct of special elections, which includes recall elections, plebiscites and referendum, the same has always been excluded from the general appropriations intended for the Commission;

WHEREAS, in previous electoral exercises involving the conduct of special elections, the Commission has resorted to realigning its available funds to finance the expenses needed for the said exercises;

WHEREAS, the Commission has started preparing for the conduct of the May 13, 2013 Automated National and Local Elections;

WHEREAS, for 2012, the budget given to the Commission is not enough for the conduct of automated national and local elections, and available funds will be allocated for the expenses of the May 13, 2013 National and Local Elections;

WHEREAS, of the Petitions for Recall found to be sufficient, only petitions against Samar Governor Sharee Ann Tan and Vice Governor Stephen James Tan (PRC Nos. 10-001 and 10-002) and against Mayor Ramon Durano of Danao City, Cebu (PRC No. 11-004) have undergone signature/thumbmark verification proceedings, and parties have filed their appeal/s on the result of the verification process;

WHEREAS, Section 3 of Resolution No. 7505 states that the conduct of the recall election shall be held not later than one (1) year immediately preceding the next regular local election, which means that for the current year, 2012, recall elections may only be held on or before May 12, 2012, as the next regular local elections is set on May 13, 2013;

WHEREAS, the Commission sees that it is no longer feasible to conduct recall elections at this point in time, considering the aforesaid budgetary constraints and the tedious preparatory activities needed for the conduct of recall elections.

NOW THEREFORE, the Commission on Elections by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, and other related laws, has RESOLVED, as it hereby RESOLVES, to discontinue actions on all the Petitions for Recall.

SO ORDERED.