Barangay Kagawad Vacancy: Succession and Filling Procedures under Philippine Law
(A one‑stop, practice‑oriented explainer built around the Local Government Code, DILG issuances, COMELEC rules and relevant jurisprudence)
1. Statutory Bedrock
| Source | Key Provisions |
|---|---|
| Republic Act No. 7160 (Local Government Code of 1991) | Title I → Chapter III (Barangay Government) – §§ 389‑397 on officials, powers & term. § 44 (across all LGUs) – rules on “Permanent Vacancies in the Sanggunian” (adapted to the barangay). |
| Republic Act No. 11462 (Postponement law) | Fixed the term of the present set of barangay & SK officials (Oct 30 2023 → Dec 1 2025), indirectly affecting when appointments end. |
| Comelec Resolutions on Barangay/SK Elections | Res. No. 10924 (2023) & earlier counterparts clarify vote‑ranking and the finality of results (used to decide “highest ranking” for succession). |
| DILG Memorandum Circulars | MC No. 2002‑48 (core template); updated by MC 2002‑85, MC 2014‑81, MC 2019‑181 – step‑by‑step appointment workflow, documentary requirements, timelines, oath forms, posting obligations. |
Hierarchy reminder – The Constitution and R.A. 7160 prevail; DILG circulars operationalize; COMELEC controls canvass, issues certificates of proclamation & vacancy certifications.
2. What Counts as a “Vacancy”?
| Category | Legal trigger | “Permanent” versus “Temporary” |
|---|---|---|
| Death | Death certificate | Always permanent. |
| Resignation | Written, signed, accepted by the Sangguniang Barangay and noted by the municipal mayor (LGC § 82) | Permanent once acceptance is entered in minutes. |
| Removal / Expulsion | Final decision in an administrative case (e.g., Ombudsman/DILG) or final conviction of a crime involving moral turpitude | Permanent. |
| Incapacity | Physical or legal; if lasting more than 90 consecutive days it converts to a permanent vacancy (LGC § 46 (b)). | |
| Assumption to a higher post | e.g., a kagawad succeeds as Punong Barangay (see § 389(c)) | Creates a permanent kagawad vacancy. |
| Abandonment | Voluntary & continuous absence during the first (or last) half of official travel beyond 30 days without authority (COMELEC & DILG rules) | Treated as permanent once declared. |
| Recall, plebiscite, election contest | Final COMELEC/Supreme Court decision unseating the official | Vacancy arises on promulgation date. |
Temporary vacancies (suspension, approved leave, travel ≤ 90 days) are handled by “acting” kagawads via internal designation; they do not trigger the appointment process.
3. Succession When Punong Barangay Leaves Office
Although the focus is on kagawad seats, note that the highest‑ranking kagawad (i.e., the kagawad who garnered the greatest number of votes in the last regular election, per the municipal COMELEC Certificate of Canvass) automatically becomes Punong Barangay (LGC § 389[c]).
- If two kagawads are tied, a drawing of lots supervised by DILG + COMELEC decides.
- His/her original kagawad seat thereby falls vacant and is filled under § 44 – see section 4 below.
4. Filling a Kagawad Vacancy
Certification of Vacancy
- Punong Barangay prepares a Barangay Council Resolution citing the cause & date.
- Transmit to the Municipal/City Mayor within 10 days.
- Mayor forwards to DILG field office + Municipal/City DILG for recording.
Call for Nominations
- Posted on the barangay bulletin board and at least two other conspicuous places for 10 consecutive days.
- Any resident voter of the barangay, at least 18 years old and able to read/write Filipino, English or any local dialect, may be nominated (LGC § 39 & 40 disqualifications apply).
Selection by the Sangguniang Barangay (SB)
- After posting period, the SB convenes within 15 days.
- Quorum: Punong Barangay + remaining kagawads (Art. 106 IRR).
- Vote Requirement: Majority of all the remaining sanggunian members (not merely of those present).
- Tie‑breaking: If no nominee secures majority after two ballots, the Punong Barangay picks from the top vote‑getters (DILG MC 2002‑48).
Issuance of Appointment (not Oath yet)
- Signed by the Punong Barangay (LGC § 44(c) places the appointing power in the sanggunian; SB Resolution and PB signature together constitute the “appointment”).
- Forwarded to the Municipal/City Mayor for attestation (ministerial within 15 days; deemed approved if no action).
- Simultaneously copy‑furnished to DILG field office.
Oath & Assumption
- Appointee takes oath before the PB, mayor, judge or any competent officer.
- Assumes office immediately after oath and posting of a P1,000 bond “for faithful performance,” if the sanggunian so requires (rare in practice).
Term of the Appointee
- Serves only the unexpired portion of the original 3‑year term (LGC § 44).
- If the vacancy arose within one year before the next regular election, the appointment still runs until noon of December 1 following the election (per R.A. 11462 schedule).
5. Difference between Ranking and Appointment
| Situation | Mechanism | Authority |
|---|---|---|
| Vacancy in Punong Barangay | Automatic succession by highest‑ranking kagawad | LGC § 389(c) |
| Vacancy in three or more kagawad seats at once (rare) | Successive appointments until a quorum is restored; process repeats seat‑by‑seat | LGC § 44(b), DILG MC 2002‑48 |
| Vacancy in Sangguniang Kabataan Kagawad / SK Chair | Governed by R.A. 10742 and DILG‑NYC joint circulars; SB fills from SK alternates or by appointment of PB & SK | Separate regime, not covered by § 44 |
6. Jurisprudence Snapshot
| Case | G.R. No. / Date | Take‑away |
|---|---|---|
| Domino v. COMELEC | 134038 (19 July 1999) | “Ranking” is strictly by votes obtained in the immediately preceding election; seniority or age is irrelevant. |
| Garvida v. Sales | 122745 (20 Apr 1999) | A local sanggunian cannot overturn COMELEC’s tabulation of votes to determine ranking. |
| Libarios v. Espartero | 200341 (18 Jan 2012) | Appointment to fill a vacancy is not an “election” and therefore outside election‑contest jurisdiction of COMELEC or courts. |
| People v. Gozo | 203872 (15 Jan 2014) | Absence beyond 90 days without authority constitutes abandonment → permanent vacancy. |
(No Supreme Court decision has yet invalidated the DILG appointment guidelines; they stand as persuasive administrative construction of § 44.)
7. Practical‑Level Checklist (for Punong Barangays & Secretaries)
- Document cause – death cert, resignation letter, Ombudsman decision, etc.
- SB Resolution No. ___ – “Declaring a permanent vacancy…” (with roll‑call vote).
- Post call for nominees – 10 days, keep photos as proof.
- SB special session – Minutes must show majority vote count.
- Prepare Appointment Form (MC 2002‑48 Annex “A”) + personal data sheet, clearances.
- Transmit to Mayor – Get received stamp; diarize the 15‑day ministerial deadline.
- Administer oath – Use Oath Form Annex “B”; enter in Barangay Book of Oaths.
- Update payroll listings & BPSU (Barangay Personnel Services Unit).
- Report to DILG‑MLGOO & COMELEC – copy of appointment & oath within 30 days.
- Notify barangay justice system units (Lupong Tagapamayapa) for new composition.
Failure to observe posting and majority‑vote requirements is the single most common basis for petitions to void a kagawad’s appointment before the DILG or courts.
8. Common Pitfalls & How to Avoid Them
| Pitfall | Why it’s a Problem | Fix |
|---|---|---|
| Appointing within 24 hours of vacancy | Violates 10‑day posting rule → appointment is voidable | Wait for lapse, or re‑issue appointment after proper posting. |
| Attestation signed by the mayor before SB vote | Shows “reverse processing”; often questioned | Sequence matters – SB vote → appointment → mayor’s attestation. |
| Treating “acting” kagawads as if they were permanent | Leads to honorarium and signature authority disputes | Issue a memorandum designation only; don’t fill the seat unless vacancy is permanent. |
| Allowing the mayor/governor to “choose” the appointee | Contravenes § 44 – sanggunian chooses, mayor attests ministerially | Politely cite the law & DILG MC. |
| Ignoring disqualifications (conviction, dual citizenship, age) | Appointment can be void ab initio | Screen nominees using DILG checklist. |
9. Effect on Quorum & Legislative Action
- While the seat is vacant, the barangay quorum is computed based on the reduced membership. Example: 1 PB + 5 kagawads remaining → quorum = 4 (majority of 6).
- Once an appointee assumes, quorum and committee compositions must be recomputed and reflected in minutes.
10. Interaction with Recall & the One‑Year Ban
An appointee cannot be recalled because recall is available only for elected officials (LGC § 70). However, if the kagawad subsequently seeks election, the usual one‑year recall ban after assumption of an elective office will not apply because the prior position was appointive.
11. Criminal and Administrative Liabilities
- Usurpation of Official Functions (Art. 177, Revised Penal Code) – for signing barangay documents before valid assumption.
- Violation of the Code of Conduct (R.A. 6713) – accepting gifts to influence the appointment.
- Grave misconduct / abuse of authority – Punong Barangay who refuses to initiate the appointment process despite demand.
12. Take‑away Summary
- Read § 44 of the Local Government Code – it is the heartbeat of barangay vacancy rules.
- Always post the call for nominees for 10 straight days – no shortcuts.
- Majority vote of the remaining sanggunian members makes the appointment; the mayor only attests.
- Appointee’s term = balance of the original term, not a fresh three years.
- Document everything – vacancies are fertile ground for election contests and administrative suits.
Disclaimer: This article is for educational purposes and does not constitute formal legal advice. For case‑specific concerns, consult the DILG Municipal Local Government Operations Officer or a licensed Philippine lawyer.