Correct Procedure for Barangay Kagawad Appointment
(Philippine Legal Guide, updated as of 23 April 2025)

1. Legal Foundations - Where the power comes from

Source	Key rule
§§ 44-46, R.A. 7160 (Local Government Code, “LGC”)	Lays down succession and appointment rules when an elective post in the sanggunian becomes vacant. § 45(a)(3) vests the power to appoint a new kagawad in the city/municipal mayor “upon recommendation of the Sangguniang Barangay concerned”. citeturn11view0
1987 Constitution, Art. IX-B § 6	One-year appointment ban on every candidate who lost in the most recent election. Reinforced by the 21 March 2024 Supreme Court ruling that the ban also covers contracts of service. citeturn0search5
R.A. 11462 (2019) and later postponement statutes	Shifted barangay & SK elections to 30 Oct 2023 (and the next to 09 Dec 2025); therefore an appointee today serves only the unexpired portion of the current term that ends on 30 November 2025. citeturn18search0
Jurisprudence	Menzon v. Petilla (G.R. 90762, 20 May 1991) – vacancy doctrine; Fariñas v. Arba (G.R. 116763, 10 Dec 1997) – who appoints if the outgoing member had no party; other cases interpret § 45. citeturn15search2turn15search5
DILG Legal Opinions / MCs	Reiterate that mayoral appointment is allowed only when the vacancy is permanent and after a barangay resolution; vacancy due to suspension or leave is temporary and must be filled by the “highest-ranking” kagawad in acting capacity. citeturn6search2

2. What counts as a “permanent vacancy”

A permanent vacancy exists when the incumbent kagawad dies, resigns, is removed, wins a recall, is elected or appointed to another post, refuses to assume office, or is otherwise permanently incapacitated* (§ 44 LGC). Temporary situations (suspension, leave, travel, preventive suspension) do not trigger the appointment power; the next-in-rank kagawad merely acts until the incumbent returns (§ 46 LGC). citeturn11view0

3. Step-by-Step Appointment Workflow

Stage	Who acts	Documentary output
1 – Declare the vacancy	Punong Barangay tables the fact in session; SB passes a Resolution of Vacancy stating cause, date, and that it is permanent.
2 – Nominate a replacement	Majority of all SB members adopt a Resolution Recommending an Appointee. Best practice (although not required by law) is to: 1) invite the defeated kagawad-candidates ranked by votes, 2) screen for qualifications, 3) observe the one-year ban.
3 – Transmit to the Mayor	Barangay Secretary forwards both resolutions + documentary folder (birth certificate, voter’s certification, barangay clearance, drug-free cert., statement of assets, etc.) to the City/Municipal Mayor through the Local Government Operations Officer (MLGOO) for legal review.
4 – Mayoral Appointment	Mayor issues an Appointment Paper (often on CS Form 33-B) citing § 45(a)(3) LGC; no Civil Service attestation is required because kagawad is an elective post.
5 – Oath & Assumption	Appointee takes an Oath of Office (before the mayor, judge, or any authorized official) within 30 days of signing, then signs the Assumption of Office.
6 – Notices & Recording	Furnish copies to: COMELEC-Election Officer (for updating the Elected Officials database), DILG City/Municipal Office, City/Municipal Treasurer (for payroll), Local Civil Registry.
7 – Service of the unexpired term	The appointee serves only until noon of 30 Nov 2025 (or whatever date Congress sets for the next term). Should the post again fall vacant, the cycle repeats.

4. Key Compliance Questions

Issue	Rule	Practical tip
Who may be appointed?	Must possess the same qualifications for election: Filipino, at least 18 y/o on election day, able to read & write, registered voter of the barangay, resident therein for ≥1 year.	Attach a current voter-certification & residency affidavit.
Is party nomination required?	No for barangay level (party politics is legally barred in barangay elections). (§ 45(b) LGC expressly excludes SB).	Use an open, transparent selection—often the next highest vote-getter.
One-year ban on losing candidates?	Yes. A candidate who lost in the 30 Oct 2023 BSKE cannot be appointed to any government post—including kagawad—before 30 Oct 2024. citeturn0search5	Consider other qualified residents instead.
Vacancy occurs near election season?	If the vacancy arises within 90 days before the next barangay election, DILG practice is to let it stay unfilled to avoid midnight appointments (analogous to COMELEC rules).	Check DILG advisories issued each election cycle.
Successive vacancies	If the highest-ranking kagawad becomes punong barangay under § 44(b), the SB is now down to 6. The mayor appoints only one kagawad to restore it to 7.	Do not appoint more than needed; excess is void.

5. Flow-chart (text version)

Vacancy permanent?
• No → acting succession (§ 46).
• Yes → proceed.
SB Resolution of vacancy → SB Resolution recommending appointee → transmit to Mayor
Mayor checks qualifications & one-year ban → issues Appointment Paper
Appointee takes Oath & assumes office → copies furnished to COMELEC/DILG

6. Jurisprudential Nuggets & Policy Notes

Menzon v. Petilla – even a “temporary” acting designation may earn compensation; illustrates the Court’s broad reading of “vacancy” when duties cannot be performed. citeturn15search2
Fariñas v. Arba – clarified that if the outgoing sanggunian member was non-partisan, the appointment is by the local chief executive upon SB recommendation, not by the President or Governor. citeturn15search5
DILG opinions consistently void mayoral appointments made without a barangay resolution or when the vacancy is merely temporary. citeturn6search2

7. Common Pitfalls

Pitfall	Consequence
Appointment without prior SB recommendation	Null and void ab initio (ultra vires)
Filling a temporary vacancy by appointment	Grounds for administrative liability for usurpation of authority
Ignoring one-year ban on losing candidates	Appointment may be revoked; official faces administrative sanctions
Appointee from outside the barangay	Violation of basic qualification; likely disqualification by COMELEC

8. Take-aways for Barangay & City/Municipal Officials

Document everything – minutes, resolutions, transmittals.
Observe the order – SB acts first, Mayor second.
Mind the timelines – oath within 30 days; term ends with next cycle.
Stay apolitical – barangay positions are officially non-partisan, so steer clear of party endorsements.

With these checkpoints in place, the appointment of a barangay kagawad becomes a straightforward, legally defensible administrative exercise—ensuring that the barangay council remains complete and functional in serving its constituents.