ANGELES CITY -- It used to be that all that was needed to force the recall of a governor is the majority vote of the mayors in his province convened into a Preparatory Recall Assembly.

But that mode of recall was eliminated in 2004 with the enactment of RA 9244 to amend RA 7160, also known as the Local Government Code of 1991. The amendment was approved Feb. 19. 2004.

It used to be also that recall of a governor can be initiated by 25 percent of the registered voters in his province. But that required percentage was also amended by RA 9244 by reducing the requirement to just 10 percent, if the voters number more than 300,000.

If the petition is found by the Commission on Elections to be in order, a recall election is scheduled within 45 days. The governor being recalled is automatically in the running versus all comers.

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LOSS OF CONFIDENCE: Talk of a possible recall of Pampanga Gov. Eddie Among Ed Panlilio spread after his critics complained that the priest-turned-politician has failed to deliver social services comparable to what the poor have gotten used to.

The basic justification for recall is “loss of confidence.” It has been bruited about that his cabalen have realized they made a mistake electing Panlilio or are having second thoughts about his qualifications, competence and intentions.

If that were so, how come a mainstream daily has named him “Filipino of the Year”? The answer given is that the perception and biases of Manila media watching from a distance are not as reliable as local voters' direct knowledge.

Btw, aside from a possible recall, Panlilio also has to contend with (1) a protest challenging his hairline victory in May 2007, and (2) charges of false declarations in his sworn report of campaign finances. (Abangan!)

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LONE RANGER: It is generally assumed that gathering signatures of 10 percent of the 987,023 registered voters of Pampanga minus Angeles City -- or some 98,703 of them -- is easy.

(Postscript earlier reported erroneously in PhilSTAR that any recall vote on the governor would be based on the 1,131,627 registered voters of Pampanga, forgetting to subtract the voters of Angeles City who do not cast any vote for a governor under the city's charter.)

Panlilio won over his closest rival, former provincial board member Lilia Pineda, by only 1,147 votes in a contest that drew only 655,027 votes. That was a low voters' turnout of 66 percent.

From Day One, the governor has been handicapped by his not having a vice governor partymate and a complete lineup of provincial board members and mayors from all the 20 towns and from San Fernando, the capital city, of Pampanga.

Had RA 7160 not been amended, it would be easier having Panlilio recalled by the Preparatory Recall Assembly since most of the mayors in it are known allies of alleged jueteng lord Bong Pineda, husband of the defeated gubernatorial bet now pursuing a protest.

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PERCENTAGE RULE: It is odd that the provincial media monitoring Panlilio still talk of recall in terms of the old provisions of RA 7160 citing a Preparatory Recall Assembly that no longer applies.

As amended by RA 9244, the Local Government Code now provides that –

The recall of an elective provincial, city, municipal or barangay official can be commenced by any registered voter in the Local Government Unit concerned and supported by the voters in that LGU under these percentage requirements:

1. At least 25 percent of the voters in LGUs with a voting population of not more than 20,000.

2. At least 20 percent in LGUs with a voting population of at least 20,000, but not more than 75,000, provided the required petitioners are not fewer than 5,000.

3. At least 15 percent in LGUs with a voting population of at least 75,000, but not more than 300,000, provided the petitioners are not fewer than 15,000.

4. At least 10 percent in LGUs with a voting population of over 300,000, provided the petitioners are not fewer than 45,000. (Pampanga falls under this category.)

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RECALL ELECTION: But recall is allowed only after the incumbent has served one year, meaning such a move can be initiated only after June 30. And it must be completed one year before the May 2010 polls, assuming there will be elections.

Within 15 days from the filing of the recall petition, the Comelec shall certify to the sufficiency of the signatures submitted. Without the required number of signatures, the petition is null.

If the petition is found to be sufficient in form, the Comelec shall publicize it in the manner prescribed by law for 10-20 days, so interested parties can verify the validity of the petition and the authenticity of the signatures.

The Comelec shall verify the signature(s) of the petitioner(s) and registered voters appended to the petition. Representatives of the petitioner(s) and the official being recalled may participate as observers. Any challenge or protest shall be resolved with finality within 15 days.

Once the Comelec rules that the petition is valid, the poll body shall schedule the election within 30 days upon completion of the procedure outlined above in the case of the barangay, city or municipal officials, and 45 days in the case of elective provincial officials.

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