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DILG OPINION NO.

14-A

S. 1999

01 February 1999

MS. ESTER P. VALDEZ


OIC-Assistant Provincial Director
DILG Provincial Field Office
Cotabato City
Re:

Request for the Guidelines on Recall Election of


SK Provincial Federation President.

Dear Ms. Valdez:


At the outset, please be informed that under Section 6 of the SK
Constitution and By-Laws, a recall of a SK Federation Official shall not
take place within one (1) year from the date of the officials assumption
of office.
Recall of a Provincial SK official is exercised by the registered
official members of the Provincial Federation (Sec. 1, Art. XIII, 1997 SK
Constitution and By-Laws). To initiate a recall proceeding against any
officer of the Federation, a majority of all the Preparatory Recall
Assembly (PRA) members must convene a meeting in a public place
and pass a resolution adopted by a majority of all its members
concerned during its meeting called for the purpose (Section 2 [2],
Article XIII, Ibid.).
The PRA in the provincial level shall be composed of all the
elected officers of the SK Provincial Federation and a number of its
members to be determined by their Local Executive Committee
immediately after the promulgation of the 1997 SK Constitution and
By-Laws (Section 2 [1] [I]). Hence, there is a need to constitute the
PRA first before a resolution could be validly adopted calling for the
recall of any federation officers.
The resolution shall then be filed with the DILG local officer. The
By-Laws mandates that upon filing of a valid resolution with the
appropriate local office of the DILG, the Department or its duly
authorized representative shall set the date of the election or
recall which shall not be later than thirty (30)

-2days after the filing of the resolution (Section 3, Article III, Ibid.).
Hence, it is incumbent upon the DILG Officer concerned to
ascertain whether the resolution is valid, that is, the requirements set
forth in Section 2 [2], Article III, as to notice and meeting in a public
place have been strictly complied with.
On the day of the election, the preliminary organizational
activities prescribed under Section 6, Article XI of the By-Laws can be
observed.
Lastly, please take note of the following mandates of the ByLaws:
1. The official sought to be recalled, Ms. Valdevieso, is
automatically considered as a duly registered candidate
and shall be entitled to be voted upon;
2. She is no longer allowed to resign since the recall
process is already in progress;
3. Her recall 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;
and
4. Should Ms. Valdevieso receive the highest number of
votes, confidence in her is thereby affirmed and she
shall continue in office.
Please be guided accordingly.
Very truly yours,

INGENIERO

JESUS
Assistant Secretary

LS:19/La
copy furnished:
The Regional Director
DILG Regional Office No. XII
ARMM Complex
Cotabato City

I.