Claudio vs ComelecDate: May 4, 2000Petitioner: Jovito ClaudioRespondents: Comele c, DBM and Richard AdvinculaPonente: MendozaFacts: Jovito Claudio was

the duly e lected mayor of Pasay City in the May 11, 1998. OnMay 19, 1999, several barangay chairs formed an ad hoc committee for the purpose of convening the PRA. Richard Advincula was designated chair. The members of the PRAadopted Resolution No. 01 , S-1999, initiating Claudio s recall. The petition for recall wasfiled on the Off ice of the City Mayor. The comelec also posted the petition on thebulletin board s of certain public places.Oppositions to the petition were filed by Jovito Clau dio, Rev. Ronald Langub, andRoberto L. Angeles, alleging procedural and substant ive defects in the petition, to wit:(1) the signatures affixed to the resolution were actually meant to show attendance atthe PRA meeting; (2) most of the signa tories were only representatives of the partiesconcerned who were sent there mer ely to observe the proceedings; (3) the convening of the PRA took place within t he one-year prohibited period; (4) the election case, filed byWenceslao Trinidad in this Court, seeking the annulment of the proclamation of petitioner Claudio as mayor of Pasay City, should first be decided before recallproceedings against petitioner could be filed; and (5) the recall resolution failed toobtain the ma jority of all the members of the PRA, considering that 10 were actuallydouble en tries, were not duly accredited members of the barangays, 40 sangguniangkabataan officials had withdrawn their support, and 60 barangay chairs executedaffidavit s of retraction. The comelec granted the petition and dismissed the opposition. It ruled that the1,073 members who attended the May 29, 1999 meeting were more t han necessary toconstitute the PRA, considering that its records showed the tota l membership of the PRAwas 1,790, while the statistics of the Department of Inte rior and Local Government(DILG) showed that the total membership of the PRA was 1,876. In either case, sinceonly a majority is required to constitute the PRA, c learly, a majority had been obtainedin support of the recall resolution. Hence, this petition.Issue:WON Word "Recall" in Paragraph (b) of 74 of the Local Governm ent CodeIncludes the Convening of the Preparatory Recall Assembly and the Filing by it of aRecall ResolutionHeld:YesRatio: We can agree that recall is a process which begins with the convening of thepreparatory, recall assembly or the gathe ring of the signatures at least 25% of theregistered voters of a local governmen t unit, and then proceeds to the filing of a recallresolution or petition with t he