2010 Political Law, Q22

Governor Diy was serving his third term when he lost his governorship in a recall election.
Who shall succeed Governor Diy in his office as Governor? (1%)
Can Governor Diy run again as governor in the next election? (2%)
Can Governor Diy refuse to run in the recall election and instead resign from his position as governor? (2%)

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Who succeeds an elective local official who loses in a recall election?

Why is an official who loses a recall election during their third term eligible to run in the next regular election?

What is the legal status of an incumbent local official during a recall election under Section 73 of the Local Government Code?

Under Section 73 of the Local Government Code, can an elective local official resign to avoid facing a recall election?

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What key element must concur for the constitutional three-term limit rule to disqualify a local candidate?

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1. Succession in Recall
Under Section 72 of the Local Government Code, the candidate who receives the highest number of votes in a recall election is declared elected and immediately succeeds the recalled official. The Vice-Governor does not succeed by operation of law because recall elections determine a newly elected official directly chosen by the electorate to serve the unexpired term.

2. Three-Term Limit Interruption
The three-term limit rule under Article X, Section 8 of the Constitution requires continuous service for three full terms. Under Socrates v. COMELEC, losing a recall election during a third term constitutes an involuntary interruption of office. Consequently, the recalled official is not barred from seeking election in the immediately succeeding regular local elections.

3. Prohibition on Resignation
Under Section 73 of the Local Government Code, an official sought to be recalled is automatically considered a candidate in the recall election. To prevent public officers from evading accountability or manipulating electoral processes, the law explicitly prohibits the incumbent official from resigning from office while recall proceedings are pending.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026