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Philippine Bar review · Question

Practice question: Recall

Multiple Choice Hard

Practice question

Local officials gather as a preparatory recall assembly and adopt a resolution to recall a mayor. They invoke the original 1991 Code and present no registered-voter petition satisfying the amended law. Their resolution is adopted after RA 9244 took effect. Which assessment is best?
  1. The assembly resolution alone does not constitute the retained initiation mode because RA 9244 eliminated the preparatory recall assembly route.
  2. The unamended text always prevails over a later amendment.
  3. Every gathering of officials automatically removes a mayor.
  4. A resolution replaces every statutory signature requirement.
  5. The mayor must resign immediately without election.

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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