Vacancies and Succession of Local Officials

Under the Local Government Code of 1991 (Republic Act No. 7160), the procedures and rules for vacancies and succession of local officials are governed primarily by the principles of continuity in public service and the preservation of local governance. The law provides for the manner by which vacancies may arise and the corresponding mechanisms for succession to ensure that local government units (LGUs) can continue functioning effectively.

I. Causes of Vacancy in Local Offices

A vacancy in the office of a local elective official can occur under the following circumstances:

Death – The demise of the local official results in an immediate vacancy.
Permanent Disability – When a local official becomes incapacitated due to physical or mental disability that permanently prevents the official from performing the functions of the office.
Removal from Office – This may be by virtue of:
- Administrative proceedings leading to dismissal from service,
- Disqualification from holding office due to criminal conviction,
- Removal by a competent authority for just cause.
Resignation – A voluntary resignation submitted by the local official creates a vacancy. However, the resignation must be accepted by the proper authority to become effective.
Abandonment – Absence from office without authority for a continuous period of six months can be considered abandonment of office.
Conviction of a Crime Involving Moral Turpitude – A local official convicted of such crime is disqualified from holding public office, resulting in a vacancy.
Assumption of an Incompatible Office – If a local official assumes another office or employment in the government that is incompatible with their current office, it results in a vacancy.
Other Legal Causes – Vacancies may also arise due to other legal causes provided by law, such as forfeiture of office due to certain violations.

II. Succession of Local Officials

The succession of local officials is crucial to ensure uninterrupted local governance. The Local Government Code specifies the process of succession for each type of local elective position.

1. Succession for the Position of Local Chief Executives (Governor, Vice Governor, Mayor, Vice Mayor)

If the Governor or Mayor position becomes vacant, the following rules apply:
- Vice Governor or Vice Mayor – The Vice Governor (for the Governor) or Vice Mayor (for the Mayor) automatically succeeds to the position of Governor or Mayor in the event of a vacancy. This principle ensures an immediate transition without any need for appointment or special election.
- Filling the Position of Vice Governor or Vice Mayor – Once the Vice Governor or Vice Mayor assumes the higher office, their position is also vacated. The law provides that the highest-ranking member of the Sangguniang Panlalawigan (provincial board) or Sangguniang Panlungsod (city council) shall succeed to the position of Vice Governor or Vice Mayor.
  - In cases where two members have equal ranking (such as both having the same number of votes in the last election), the law mandates the drawing of lots to determine who will succeed.

2. Succession for the Position of Sangguniang Members

Provincial Board Members (Sangguniang Panlalawigan), City Councilors (Sangguniang Panlungsod), and Municipal Councilors (Sangguniang Bayan) are likewise subject to the rules of succession:
- Ranking of Sangguniang Members – The ranking of the members of the Sangguniang Panlalawigan, Panlungsod, or Bayan is based on the order in which they were elected. In case of equal votes, the tie-breaking procedure of drawing lots applies.
- Filling Vacancies in the Sangguniang – If a seat in the Sangguniang becomes vacant, it shall be filled by the political party to which the member who caused the vacancy belongs, in accordance with the following rules:
  - Nomination by Political Party – The party of the official who vacated the seat has the right to nominate a replacement. The replacement must come from the same political party.
  - In the Absence of Political Party Affiliation – If the official who vacated the seat does not belong to any political party, or if the vacancy occurs in a seat held by an independent candidate, the President, Governor, or Mayor (as the case may be, depending on the level of the Sanggunian) appoints a qualified person to fill the vacancy upon the recommendation of the Sangguniang concerned.

3. Special Rules for Barangay Officials

The same basic principles apply to barangay officials (Barangay Chairperson and Barangay Kagawad). If the Barangay Chairperson position becomes vacant, the highest-ranking Barangay Kagawad automatically succeeds to the position. If two or more Barangay Kagawad have the same rank, the same method of drawing lots will apply.

III. Temporary Vacancies

In certain cases, a local official may be temporarily unable to perform their duties, such as when they are:

Suspended from Office – In this case, an officer-in-charge (OIC) may be appointed to temporarily take over the functions of the suspended official. However, the suspension is not considered a permanent vacancy.
Absent due to Authorized Leave – If a local official is on an approved leave of absence, the Vice Governor, Vice Mayor, or highest-ranking Sanggunian member temporarily assumes the functions of the absent official.
Preventive Suspension – If a local official is under preventive suspension, the Vice Governor, Vice Mayor, or highest-ranking Sanggunian member takes over for the duration of the suspension. This suspension, however, does not create a vacancy.

IV. Appointments by the President in Case of Permanent Vacancies

Under exceptional circumstances, when a permanent vacancy occurs in both the positions of Governor and Vice Governor or both Mayor and Vice Mayor, the President of the Philippines is authorized to appoint a replacement from a list of three (3) nominees submitted by the respective Sangguniang Panlalawigan, Panlungsod, or Bayan.

In these instances, the appointee must meet the qualifications required by law and belong to the same political party as the official who vacated the office. If the official was independent, the President has the discretion to appoint a qualified person.

V. Special Elections

While the Local Government Code generally emphasizes succession and appointments to fill vacancies, there are circumstances where special elections may be called to fill a vacancy. This is more common in the case of congressional representatives but may apply to local positions if mandated by law or circumstance.

VI. Qualifications and Limitations in Succession

Qualifications of Successors – The successor to any vacant position must meet all the qualifications required for the office, including residency, age, and citizenship requirements under the law.
Term of the Successor – The successor serves only for the unexpired portion of the term of the official they are replacing.
Prohibition on Successive Terms – While successors may serve for the unexpired term, the usual limitations on successive terms apply. For example, an official who succeeds a Governor or Mayor cannot serve more than three consecutive terms in the same office.

Key Principles in the Doctrine of Vacancy and Succession

Continuity of Governance – The law ensures that there is always a qualified individual ready to assume office in case of vacancies, preventing any disruption in the functions of the local government.
Preservation of Political Party Rights – The political party of the official who vacated the office is given the right to nominate a replacement, maintaining the balance of political representation.
Expedient and Efficient Transition – The procedures for succession are designed to be swift and straightforward, with provisions like automatic succession and the drawing of lots to resolve ties, ensuring that leadership transitions smoothly and governance is not interrupted.

These detailed procedures enshrined in the Local Government Code are essential in maintaining the stability, order, and functionality of local government units across the Philippines, while also respecting democratic principles and party affiliations.