Barangay Kagawad Vacancies After an Election
Philippine Local-Government Law, Practice & Jurisprudence
“When vacancies arise in the smallest political unit, the entire chain of local governance feels the tremor. Hence the Local Government Code devotes an entire sub-chapter to a problem that, on the surface, involves only one seat but, in reality, implicates the continuity of basic public services and community representation.” —DILG Memorandum Circular No. 2006-176, Guidelines on Filling Barangay and SK Vacancies
1. Legal Sources at a Glance
| Instrument | Key Sections / Provisions | Focus |
|---|---|---|
| Republic Act No. 7160 (Local Government Code, 1991) | §§ 41–46, 59 | Definition of vacancy; automatic succession; appointing authority; oath & assumption |
| Omnibus Election Code (B.P. Blg. 881) | § 43; § 66 | Disqualification & refusal to assume office |
| RA 9340, RA 11462, RA 11964 | Entire Acts | Resetting Barangay & SK election dates (affects term length & hold-over) |
| Commission on Elections (COMELEC) Resolutions (e.g., Res. No. 10266 & subsequent) | Arts. I–II | Post-election ranking of winners/losers; issuance of Certificates of Canvass |
| Department of the Interior and Local Government (DILG) Memorandum Circulars | MC 98-222; 2006-176; 2019-69; 2023-061 | Detailed step-by-step appointment workflow; documentary requirements |
| Civil Service Commission (CSC) Rules | Secs. 68–71, 2017 Omnibus Rules on Appointments | Non-career service classification & effect on security of tenure |
| Select Supreme Court Decisions | Padilla v. COMELEC (G.R. 115937, 1994); Olivar v. COMELEC (G.R. 193531, 2012) | Clarify “highest-ranking” concept; hold-over doctrine |
(Statutes remain in force as of 5 July 2025; any subsequent amendment controls.)
2. Composition & Non-Partisan Character of the Sangguniang Barangay
A barangay council is composed of:
- Punong Barangay (Barangay Captain)
- Seven (7) Kagawad (regular sanggunian members)
- Sangguniang Kabataan (SK) Chairperson (ex officio member)
Unlike municipal, city or provincial sanggunians—where party affiliation matters for filling vacancies—the barangay level is legally non-partisan. This changes how “next-in-rank” and “nomination” rules operate.
3. What Constitutes a Vacancy?
| Type | Typical Causes (Sec. 44, LGC) | Consequence |
|---|---|---|
| Permanent | • Death • Resignation • Removal/expulsion • Permanent incapacity • Final conviction of a crime • Acceptance of another elective post • Failure to assume office within 30 days without just cause | Seat must be filled for the remainder of the unexpired term. |
| Temporary | • Approved leave of absence • Travel abroad • Suspension • Physical incapacity certified recoverable | An “Officer-in-Charge” (OIC) arrangement; no appointment issued; original member resumes upon return. |
Tip: Only permanent vacancies trigger the appointment mechanisms discussed below.
4. Succession Flowchart (Simplified)
VACANCY OCCURS → Is it the Punong Barangay seat?
| Yes | No (Kagawad seat)
| |
Highest-ranking Kagawad ↓
automatically becomes PB Check if ex-officio SK Chair is entitled? ✘
↓ (SK Chair sits only as member)
Creates a Kagawad vacancy ↓
↓ Does a “highest-ranking losing
Go to Kagawad pathway candidate” exist & accept? —— Yes → Mayor issues
| appointment
|No
↓
Barangay Council (SB) passes
Resolution recommending nominee
↓
Mayor appoints from list,
subject to concurrence of the **Sangguniang
Bayan/Panlungsod** (majority vote)5. “Highest-Ranking Losing Candidate” Rule
Section 46(d), LGC imports part of the mechanism used for party-based sanggunians, adapting it to non-partisan barangay polls:
- Certification by COMELEC: After each barangay election, the Municipal/City Board of Canvassers prepares a Ranking of Candidates (winners and losers) based on vote totals.
- Definition: “Highest-ranking losing candidate” means the defeated candidate who garnered the greatest number of votes among the non-winners for kagawad in that barangay.
- Eligibility: The person must still be a resident & registered voter of the same barangay and must accept the seat in writing within 15 days from notice.
- Effect of Acceptance: The mayor’s appointment becomes ministerial (i.e., no discretion) once a qualified highest-ranking loser accepts.
- Refusal / Disqualification / Unavailability: If the candidate declines, is disqualified, or cannot be located, the slot moves to the next ranking loser. Once the pool is exhausted, the appointment becomes discretionary following the Barangay Council’s nomination process (see § 6).
6. Appointment When No Losing Candidate Qualifies
Step-by-Step (per DILG MC 2006-176 & 2019-69):
| Step | Action | Timeline / Notes |
|---|---|---|
| 1 | Barangay Secretary records the vacancy & furnishes written notice to the Punong Barangay and the DILG Field Office. | Within 5 days of vacancy |
| 2 | Sangguniang Barangay convenes to adopt a Resolution recommending 1–3 qualified nominees (must meet age, citizenship, literacy & residency requirements of § 39, LGC). | Within 15 days |
| 3 | Resolution, plus documentary folder (Birth Certificate, Voter’s Cert., Barangay Clearance, Acceptance Letter), is transmitted to the City / Municipal Mayor. | |
| 4 | Mayor issues a Proposed Appointment, then transmits to the Sangguniang Bayan/Panlungsod for confirmation by majority vote. | Confirmation must be acted upon within 15 sessions; inaction = deemed confirmed (constructive confirmation). |
| 5 | Once confirmed, the Mayor signs the Final Appointment; the appointee takes an Oath of Office before any authorized official (often the Mayor or PB). | |
| 6 | Mayor’s Office forwards copies to DILG, COMELEC, CSC, COA (for payroll purposes) and the barangay for archiving. | Within 15 days |
Term of Office: An appointee serves only the unexpired portion of the original three-year term (or longer if Congress has extended hold-over).
7. Special & Complex Scenarios
| Scenario | Governing Rule / Jurisprudence | Key Take-aways |
|---|---|---|
| Simultaneous Multiple Vacancies (e.g., mass resignation) | Same Section 46 process, but each seat is filled sequentially using separate resolutions & appointments. | Ranking losers are tapped one-by-one until depleted. |
| Election Protest Reversal (winner unseated months later) | Protestant is proclaimed winner by COMELEC; no vacancy occurs because office “never legally vested” in unseated candidate (see Olivar v. COMELEC) | Appointment is improper; protestant simply assumes office. |
| Appointment Issued WITHOUT Sanggunian Confirmation | Voidable, not void; may be corrected by subsequent ratification (Padilla v. COMELEC) | Salaries received in good faith are generally not refundable. |
| Vacancy Occurs DURING Hold-Over | Appointments follow Section 46 even if the term has technically expired, because hold-over officers continue to “discharge the functions” until successors are elected & qualified. | |
| Conversion of Municipality into City | Barangays remain; vacancy rules unchanged (LGC Transitory Provisions). | |
| Temporary Vacancy Exceeding 30 Days | If incapacity becomes permanent (medical board), vacancy converts from temporary to permanent; Section 46 applies. |
8. Determining “Highest-Ranking” in Practice
- Deaths in a Canvass Tie: If two losing candidates are tied for votes, DILG treats the tie as equal rank; selection is by drawing of lots only if both accept.
- Recounts / Reappreciation Cases: The ranking sheet is altered only upon final COMELEC order; pending protests do not suspend the appointment process unless a Temporary Restraining Order is issued.
- Candidate Already Holding Another Elective Position: He/she is ineligible; ranking passes to the next.
9. Documentary Checklist for a Kagawad Appointment
- Duly signed Barangay Resolution (original, with attendance record)
- COMELEC Certification of Ranking of Losing Candidates (if available)
- Brgy. Clearance, NBI / Police Clearance, & Certificate of No Administrative Case
- Photocopy of Voter’s ID or Voter Certification
- Birth Certificate (for age & citizenship)
- Latest Income Tax Return (optional, sometimes required to show capacity)
- Acceptance & sworn declaration of absence of conflict of interest
- 3× Passport-size photographs with nametag
10. Penalties for Non-Compliance & Usurpation
| Violation | Sanction |
|---|---|
| Mayor refuses to issue appointment despite ministerial duty | Administrative liability for oppression/dereliction under the Local Government Code & Anti-Red Tape Act (ARTA) |
| Appointee assumes office without valid appointment | Usurpation of authority (Art. 177, Revised Penal Code) & potential disallowance by COA |
| Barangay Treasurer pays salaries without complete appointment papers | Notice of Suspension/Disallowance from COA; personal liability for loss |
11. Practical Pointers for Stakeholders
For Barangay Secretaries
- Maintain an updated election‐result file; it speeds up COMELEC certification requests.
For Mayors & HR Offices
- Use standard templates to avoid CSC disapproval; attach the Sanggunian confirmation minutes to every appointment.
For Residents & Civil-Society Monitors
- Vacancies are public information. Anyone may request the appointment papers under the FOI-Executive Order No. 2 (2016) for transparency.
12. Conclusion
A vacancy in the post-election period is more than a procedural hiccup; it is a test of how well the decentralization framework of the 1987 Constitution works at ground level. By combining automatic succession, a ranking-based appointment preference, and local legislative concurrence, Section 46 of the Local Government Code strikes a balance between democratic choice (respecting voters’ rankings) and uninterrupted governance (authorizing mayors to act when the ranking pool is exhausted).
Legally speaking, every missed step—be it a lapsed confirmation or an unsigned oath—invites administrative or criminal exposure. Conversely, when all players observe the structured timeline, a barangay can seat a new kagawad within a month, ensuring that the council’s quorum, committee work, and service delivery remain intact until the next election cycle.
Disclaimer: This article is for academic and informational purposes only and does not constitute legal advice. For case-specific concerns, consult the DILG field office or your counsel.