ALL YOU NEED TO KNOW ABOUT THE APPOINTMENT AUTHORITY FOR REPLACEMENT OF A BARANGAY KAGAWAD IN THE PHILIPPINES

In the Philippines, a Barangay Kagawad (sometimes called a Barangay Councilor) is an elected member of the Sangguniang Barangay (Barangay Council), the legislative body of the smallest local government unit known as the barangay. There are seven (7) Kagawads in each barangay, serving alongside the Punong Barangay (Barangay Chairperson) and the Sangguniang Kabataan Chairperson.

Occasionally, a vacancy arises in the position of a Barangay Kagawad (due to death, resignation, removal, permanent incapacity, or other causes). This article explains who has the authority to fill that vacancy, how the process unfolds, and what legal provisions govern such appointments.

1. Legal Framework

The primary law governing the filling of vacancies in local elective offices in the Philippines is Republic Act No. 7160, otherwise known as the Local Government Code of 1991 (LGC). Specific to barangays, Section 45 of the LGC sets forth the rules and procedure for filling a permanent vacancy in the office of the Punong Barangay or a member of the Sangguniang Barangay (Barangay Kagawad).

Other legal references include:

Section 44 and 46 of RA 7160 (for local elective officials in provinces, cities, and municipalities), which provide a general framework.
Implementing Rules and Regulations of the Local Government Code.
Department of the Interior and Local Government (DILG) legal opinions and circulars, which often clarify procedural or interpretative queries arising from RA 7160.

2. Causes of Vacancy

A permanent vacancy in the office of the Barangay Kagawad may occur due to:

Death of the incumbent.
Resignation accepted by the proper authority.
Removal from office (whether by administrative or judicial means).
Permanent incapacity (physical or legal) preventing the performance of duties.
Any other reason recognized by law that legally disqualifies the incumbent from continuing in office.

3. Authority to Fill the Vacancy

3.1. The City or Municipal Mayor

Under Section 45 of the Local Government Code, the City or Municipal Mayor exercises the power to appoint a replacement for the vacant seat of a Barangay Kagawad. This authority is unique in the local government setup, as one might intuitively think the vacancy would be filled by the Punong Barangay or by the barangay itself. However, the law explicitly vests such power in the Mayor of the city or municipality where the barangay is situated.

3.2. The Role of the Sangguniang Barangay

Although the Mayor holds the appointment power, the Sangguniang Barangay (Barangay Council) plays a crucial role by recommending potential replacements. Specifically:

Within ten (10) days from the occurrence of the vacancy, the Sangguniang Barangay must:
- Officially declare the existence of the vacancy.
- Draw up a list of at least three (3) qualified nominees for the vacant position.
The Sangguniang Barangay then submits the list of nominees to the City or Municipal Mayor.
Upon recommendation of the Sangguniang Barangay, the Mayor may also designate an Officer-in-Charge (OIC) to ensure continuous service delivery while the appointment process is ongoing. This OIC designation is typically valid for no more than thirty (30) days.

3.3. The Role of the Sangguniang Panlungsod or Sangguniang Bayan

If the City or Municipal Mayor fails to act on the list of nominees within fifteen (15) days from its submission, the power to appoint is automatically vested in the Sangguniang Panlungsod (City Council) or Sangguniang Bayan (Municipal Council), as the case may be. This safeguard ensures that the vacancy is not left hanging indefinitely due to the mayor’s inaction.

4. Qualifications of the Appointee

Any person appointed to the post of Barangay Kagawad must possess all the qualifications required of an elective barangay official under the Local Government Code. Generally, these include:

Citizenship: Must be a citizen of the Philippines.
Age Requirement: At least 18 years old on Election Day (the Code and other election laws sometimes mention different minimum ages, but for barangay positions, 18 is the usual requirement).
Voter Registration: A duly registered voter in the barangay where the official will serve.
Residency: A resident of the barangay for at least six (6) months immediately preceding the appointment or election.
Literacy: Able to read and write Filipino or any other local language/dialect.

In addition, the appointee must not fall under any of the disqualifications provided by law (e.g., removal from office due to an administrative or criminal conviction, being a fugitive from justice, etc.).

5. Appointment Process in Detail

Here is a step-by-step outline of the appointment procedure once a vacancy has been determined:

Declaration of Vacancy
- The vacancy is officially declared by the Sangguniang Barangay, usually through a barangay resolution.
Submission of Nominees
- The Sangguniang Barangay draws up a list of at least three (3) qualified nominees to fill the vacant seat.
- A resolution is issued endorsing these nominees to the City or Municipal Mayor.
Transmittal to the Mayor
- The list of nominees, along with pertinent documentation (e.g., the resolution, certificates of qualifications), is transmitted to the Mayor’s Office.
Mayor’s Action
- The Mayor has fifteen (15) days from receipt of the list to choose and appoint one of the nominees.
- If the Mayor does not act within fifteen (15) days, the authority to appoint automatically shifts to the Sangguniang Panlungsod (if the barangay is in a city) or Sangguniang Bayan (if the barangay is in a municipality).
Oath and Assumption of Office
- Once appointed, the new Barangay Kagawad takes the oath of office before any person authorized to administer oaths (often the Mayor, a notary public, or another authorized official).
- The appointee officially assumes office immediately upon taking the oath and holds the position for the unexpired term of the vacant seat.

6. Common Misconceptions

6.1. Next-Highest Vote-Getter Rule

Some individuals assume that the person who garnered the next-highest number of votes in the previous barangay elections automatically fills the vacancy. This is a misconception. Barangay elections in the Philippines are non-partisan and do not follow the “next-in-rank” or “next-highest vote” rule that occasionally applies to other elective positions under specific conditions.

Instead, the Local Government Code mandates the submission of nominees by the Sangguniang Barangay and the appointment by the Mayor (or by the Sangguniang Panlungsod/Sangguniang Bayan if the Mayor fails to act).

6.2. The Punong Barangay’s Role

Another misunderstanding is that the Punong Barangay can unilaterally appoint a replacement. In reality, the Punong Barangay’s role is primarily to certify or confirm the Sangguniang Barangay’s action (especially if they are the presiding officer of the council), but the legal authority to appoint the new Kagawad lies with the Mayor, unless it is forfeited to the Sangguniang Panlungsod or Sangguniang Bayan due to the Mayor’s inaction.

7. Frequently Asked Questions

What if the Sangguniang Barangay cannot agree on nominees?
- Ideally, the Sangguniang Barangay should be able to produce at least three nominees via a majority vote or consensus. If internal disagreements occur, local DILG offices or higher local legislative bodies can offer guidance. Nevertheless, failing to comply with the Code’s requirements can lead to administrative issues or intervention by higher authorities.
Can the Mayor appoint someone outside the list of nominees?
- No. The Local Government Code stipulates that the Mayor must appoint only from among the list of at least three (3) nominees provided by the Sangguniang Barangay.
Is there a time frame for the Sangguniang Barangay to submit the list of nominees?
- Yes. Within ten (10) days from the occurrence of the vacancy, the Sangguniang Barangay should submit the list to the Mayor.
How long does the appointed Barangay Kagawad serve?
- The appointed Barangay Kagawad only serves for the unexpired portion of the term of the vacant position.
Who administers the oath of office to the appointed official?
- The oath can be administered by anyone authorized under Philippine law to administer oaths: the Mayor, the Vice Mayor, a notary public, or other officials. The appointee’s term effectively begins once the oath is taken.

8. Key Takeaways

Mayor’s Appointment Power: Only the City or Municipal Mayor (or the Sangguniang Panlungsod/Bayan if the Mayor fails to act) has the authority to appoint a new Barangay Kagawad.
Nomination by Sangguniang Barangay: The Sangguniang Barangay must submit at least three (3) names of qualified nominees to the Mayor.
Fifteen (15)-Day Rule: The Mayor must act on the list of nominees within fifteen days; otherwise, the Sangguniang Panlungsod/Bayan takes over the appointment power.
Non-Partisan Nature: Because barangay elections are non-partisan, the “next-highest vote-getter” rule does not apply to fill vacancies.
Unexpired Term: The appointed official serves only for the remaining term of the seat left vacant.

References

Republic Act No. 7160 (Local Government Code of 1991)
- Sections 44, 45, and 46 on permanent vacancies in local elective offices
DILG Legal Opinions and Memoranda
- For clarifications on procedural nuances.
Commission on Elections (COMELEC) Regulations
- For rules on barangay elections, voter qualifications, and related guidelines.

Conclusion
The replacement of a Barangay Kagawad in the Philippines follows a clear, legally mandated procedure. While the power of appointment rests with the City or Municipal Mayor, the Sangguniang Barangay is integral in recommending qualified nominees. The process ensures that any vacancy is promptly filled by a capable individual who meets all legal requirements, thus maintaining the proper functioning and representation within the Sangguniang Barangay.