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Claudio v. COMELEC Topic: RecallPonente: V.V. Mendoza, J.

Date: 4 May 2000 DOCTRINE: To what doctrine is the case related and how is it explained. Makesure that this is related to the topic. QUICK FACTS : One to two liner facts. FACTS: LGU concerned: Pasay CityPosition of person/s involved: Mayor of Pasay CityConte sted Law/Ordinance: Jovito O. Claudio (Claudio) was duly elected mayor of Pasay City in the May 11,1998 elections. Sometime in May 1999, the chairs of several b arangays inPasay City gathered for the purpose of convening the Preparatory Reca llAssembly (PRA) and to file a petition for recall against Mayor Claudio for los s of confidence.On May 29, 1999, 1,073 members of the PRA composed of barangay c hairs,kagawads, and sangguniang kabataan chairs of Pasay City, adopted Resolutio nNo. 01, S-1999 recalling Claudio as mayor for loss of confidence. The petitionf or recall was filed on July 2, 1999 and copies of the petition were in publicare as throughout the City.Claudio filed an opposition against the petition alleging , among others, that thepetition for recall was filed within one year from his a ssumption into office andtherefore prohibited. He argued that the PRA was conven ed within the 1 yearprohibited period as provided by Section 74 of the Local Gov ernment Code. The COMELEC, however, granted the petition for recall ruling that recall is aprocess which starts with the filing of the petition for recall and since thepetition was filed exactly one year and a day after Claudio's assumptio n of office, the petition was filed on time. Thereafter, COMELEC set the date of therecall elections on April 15, 2000. Hence, this petition. ISSUE: WoN the petition for recall was filed within the proper period providedfor by Se ction 74 of the Local Government Code HELD: Yes. SC Affirmed COMELEC The limitations in Section 74 apply to the exercise of the power of recall (i.e .the recall election itself) which is vested with the registered voters of the L GU.It does not apply to the preparatory processes to such exercise of recall suc has the proceedings of the PRA