Philippine Bar review · Question

Practice question: Recall

Multiple Choice Hard

Practice question

A voter petition has sufficient support and the preliminary statutory process is completed. Before any recall election or proclamation of a successor, petitioners claim the incumbent is already removed merely because enough voters signed. What does section 72 provide?
  1. Every signature is a substitute proclamation.
  2. Recall becomes effective only upon the election and proclamation of a successor receiving the highest vote.
  3. A sufficient petition creates a permanent vacancy immediately.
  4. The incumbent may never be voted for.
  5. A petition automatically transfers office to its first signatory.

Legal references

  • Republic Act No. 7160, sections 69 and 72–74, https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
  • Republic Act No. 9244, sections 1–3 amending RA 7160 sections 70–71, https://lawphil.net/statutes/repacts/ra2004/ra_9244_2004.html

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