Filling a Barangay Kagawad Vacancy: Appointment vs. Nomination Rules

Below is a comprehensive discussion of how to fill a vacancy in a Barangay Kagawad (Sangguniang Barangay Member) position in the Philippines, focusing on the legal framework, processes, and the distinction between “appointment” and “nomination.” Citations refer mainly to the Local Government Code of 1991 (Republic Act No. 7160) and the relevant issuances of the Department of the Interior and Local Government (DILG) and Commission on Elections (COMELEC).

1. Legal Framework

  1. Constitutional Basis

    • The 1987 Philippine Constitution guarantees local autonomy (Article X, Section 2) and mandates Congress to enact a Local Government Code.
    • Republic Act No. 7160, known as the Local Government Code of 1991 (LGC), is the primary statute governing local governments, including barangays.

  2. Barangay as the Basic Political Unit

    • Under Section 384 of the LGC, the barangay is the basic political unit in the Philippines.
    • The Sangguniang Barangay is its legislative body, composed of the Punong Barangay (Barangay Chairperson) as presiding officer, seven (7) Barangay Kagawads, and other ex officio members such as the Sangguniang Kabataan (SK) Chairperson.

  3. General Rule on Filling Vacancies

    • While Sections 44 and 45 of the LGC detail procedures for filling vacancies in positions such as Governor, Vice-Governor, Mayor, Vice-Mayor, and members of the Sangguniang Panlalawigan/Panglungsod/Bayan, barangay-level rules are provided in a separate section (commonly elaborated through subsequent DILG memoranda and opinions).

2. Circumstances Creating a Barangay Kagawad Vacancy

A vacancy in the office of Barangay Kagawad arises under several circumstances, including:

  • Death
  • Resignation (once accepted by the Punong Barangay or other proper authority)
  • Permanent incapacity
  • Removal from office (through legal or administrative proceedings)
  • Other causes that permanently prevent the incumbent from serving

The same fundamental question arises in each case: How is the vacated seat filled for the remainder of the term?

3. The Nomination and Appointment Process

The process to fill a vacant Barangay Kagawad seat typically involves nomination from the barangay level and appointment by the higher local executive. Broadly, it follows these steps:

  1. Nomination by the Punong Barangay

    • Once a vacancy is established, the Punong Barangay selects a qualified individual—i.e., a registered voter residing in the barangay who possesses all qualifications for public office.
    • Although no strict requirement mandates the Punong Barangay to pick the “next highest losing candidate,” this is sometimes suggested for practical reasons or local courtesy. However, the law does not require that the runner-up automatically fills the seat.
    • The Punong Barangay submits the name of the proposed appointee to the Sangguniang Barangay for concurrence.

  2. Concurrence by the Sangguniang Barangay

    • The Sangguniang Barangay (remaining kagawads, excluding the vacant seat) votes on whether to concur with the nomination.
    • If the majority of the Sangguniang Barangay members concur, the nomination proceeds to the next step.
    • In case of deadlock or refusal to concur, the local chief executive at the municipal or city level (i.e., the Mayor) may step in to resolve the impasse through DILG guidelines. Typically, if the Sangguniang Barangay fails to reach a majority decision, the higher local chief executive may directly appoint a qualified individual.

  3. Appointment by the City or Municipal Mayor

    • Once the majority concurrence is obtained, the Punong Barangay forwards a recommendation to the City or Municipal Mayor.
    • The Mayor then issues an appointment to the nominee, completing the process.
    • The appointed Kagawad serves only for the unexpired portion of the term of the vacating official.

  4. Oath of Office and Assumption of Duties

    • Upon issuance of the appointment, the newly appointed Kagawad takes the oath of office administered by any person authorized under the law (often before the Mayor, a judge, or another authorized official).
    • Thereafter, the Kagawad officially assumes office, participates in sessions, and exercises the powers of the post.

4. Distinguishing “Nomination” from “Appointment”

  1. Nomination

    • An internal barangay process led by the Punong Barangay, subject to the concurrence of the remaining kagawads.
    • Reflects local autonomy: the idea is that members of the barangay, through their officials, should have a primary say in who will join their ranks.

  2. Appointment

    • A formal conferral of public office by the City or Municipal Mayor once the barangay’s recommendation is cleared.
    • Constitutes the legal act that vests the individual with authority and entitles them to exercise the powers of a Barangay Kagawad.
    • If the Sangguniang Barangay is unable to concur or fails to act, the Mayor may appoint directly (following certain guidelines from the DILG) to ensure that the vacancy is promptly filled.

5. Key Principles and Reminders

  1. Term of Office

    • An appointed barangay official serves only the remainder of the original term of the vacating official. After that, the position again becomes subject to regular barangay elections.

  2. Qualifications

    • The appointee must be:
      • A Filipino citizen
      • A registered voter of the barangay
      • A resident therein for at least one (1) year immediately preceding the date of the appointment
      • Able to read and write in Filipino, English, or the local dialect
      • At least 18 years old on the day of the appointment

  3. Non-Partisan Nature

    • Barangay elections are non-partisan; thus, there is no requirement for the proposed appointee to come from any particular political party (unlike some rules for Sangguniang Panlalawigan/Bayan/Panglungsod, which consider party affiliations or the “next highest rank” from the last election).

  4. No Automatic Succession by the Runner-Up

    • There is no legal provision that directly mandates installing the “next highest losing candidate” as the successor to a vacant Kagawad position. The punong barangay may consider any qualified individual, subject to concurrence and eventual appointment.

  5. Authority to Resolve Disputes

    • DILG often issues Opinions or Memorandum Circulars addressing specific disputes or procedural questions.
    • COMELEC may become involved if legal questions related to elections or qualifications arise.

  6. Temporary vs. Permanent Vacancies

    • For temporary vacancies (e.g., suspension, or official leave), the seat is not considered permanently vacant, and no appointment is made. A “temporary caretaker” arrangement or delegation of duties typically applies.
    • For permanent vacancies, the above nomination–concurrence–appointment procedure kicks in.

6. Practical Considerations and Common Issues

  1. Timeliness of Filling the Vacancy

    • Delays can hamper Sangguniang Barangay activities (e.g., achieving a quorum or passing local ordinances). The LGC encourages prompt filling of the vacancy.

  2. Political Tensions

    • Conflicts may arise if the Punong Barangay’s nominee is opposed by the majority. In such cases, the local chief executive’s discretionary power can be decisive.

  3. Documentation

    • The process requires formal documentation: acceptance of resignation (if applicable), a barangay resolution concurring with the nominee, and a formal appointment by the Mayor.

  4. Checks and Balances

    • By design, there is a balance: The Punong Barangay cannot simply “install” someone unilaterally, and the Sangguniang Barangay cannot finalize an appointment without the municipal or city executive’s signature.

  5. Future Elections

    • Once the appointee’s term ends, he or she may opt to run in the subsequent regular barangay elections, subject to standard election laws and the COMELEC’s rules.

7. Conclusion

The rules for filling a Barangay Kagawad vacancy underscore both local autonomy—through the nomination and concurrence process within the barangay—and executive oversight—through appointment by the City or Municipal Mayor. The process is designed to ensure:

  1. Continuity of governance at the barangay level.
  2. Democratic participation, as the Sangguniang Barangay must concur with the nominee.
  3. Legal certainty, with clear standards for qualifications and term limits.

Ultimately, while the Punong Barangay leads the nomination and the Sangguniang Barangay provides local concurrence, it is the Mayor’s appointment that finalizes the process. This arrangement respects the spirit of local autonomy while providing a fail-safe mechanism in the event of deadlocks or disputes. Hence, for anyone assuming a barangay post in mid-term, understanding these steps—and ensuring compliance with relevant DILG and COMELEC guidelines—is critical for a valid and effective service as a Barangay Kagawad.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login