Can a Barangay Kagawad Seat Be Declared Vacant?

Grounds and Procedure in the Philippines (Practical Guide & Reference)

This article explains—step by step—when and how a Sangguniang Barangay (barangay kagawad) seat may be declared vacant, what proof is needed, who declares the vacancy, how the seat is filled, and what remedies exist. It is written for barangay officials, DILG field officers, secretaries, and citizens who need a clear, practice-ready reference.

1) Key ideas at a glance

A vacancy is either permanent (the office will not be resumed) or temporary (the member is only unable to serve for a time).
Permanent vacancies arise from events like death, resignation (once accepted), final removal, permanent incapacity, assumption to another office, failure to qualify, or other causes clearly ending the tenure.
Temporary vacancies include official leave, suspension, or other short-term causes; the seat is not declared vacant and no appointment is made.
Who declares? The Sangguniang Barangay formally recognizes (via resolution) that a vacancy exists; the City/Municipal Mayor fills a permanent sanggunian vacancy by appointment (barangay level is non-partisan).
Ranking matters. When the Punong Barangay (PB) post becomes vacant, the highest-ranking kagawad automatically succeeds as PB; this creates a kagawad vacancy to be filled by appointment.
Always attach proof. Death certificate, accepted resignation, final judgment, medical board findings, or other competent documents must back the declaration.

2) Distinguishing permanent vs. temporary vacancy

A. Permanent vacancy (examples)

These end the incumbent’s right to the seat:

Death. Effective upon death; attach civil registry certificate.
Permanent physical or legal incapacity. E.g., medically certified permanent incapacity; or legal disqualification that is final.
Resignation, once accepted by the proper authority.
- Barangay elective officials tender resignation to the City/Municipal Mayor; effectiveness begins upon acceptance (written).
Removal from office by final judgment (administrative or criminal), including dismissal/penalty of removal that is final and executory.
Conviction by final judgment for an offense that carries disqualification (e.g., penalties that include perpetual disqualification) or otherwise legally disqualifies the official.
Assumption to another office (e.g., automatic succession to PB, or appointment/election to an incompatible office).
Failure to qualify/assume within the legally required period (e.g., failure to take oath or meet eligibility requirements after proclamation).
Abandonment proven by overt acts showing intent not to return (rare; requires substantial evidence and due process).
Recall election or COMELEC action resulting in loss of office, once final.

Note: Preventive suspension, travel abroad, or approved leave of absence do not create a permanent vacancy.

B. Temporary vacancy (examples)

The seat remains occupied, but the member cannot act for a time:

Official leave, illness with expected recovery, preventive suspension, attendance at trainings, short travel, etc.
Council may adjust quorum/attendance, but no appointment is made.

3) Who determines a vacancy? Roles and documents

The Sangguniang Barangay (SB) ascertains the fact of vacancy and issues a Resolution “Recognizing/Declaring a Permanent Vacancy” in a specific seat, citing the ground and attaching proof.
The Barangay Secretary prepares the resolution, minutes, and transmittal.
The Punong Barangay (or Acting PB/Presiding Officer) signs and transmits the packet to the City/Municipal Mayor (with copy to DILG field office).
The City/Municipal Mayor appoints a replacement kagawad to serve the unexpired term (barangay seats are non-partisan, so the same-party rule for provincial/city/municipal sanggunian does not apply).
The appointee takes oath and assumes upon issuance and acceptance of the Appointment.

4) Evidence you typically need (attach to the resolution)

Death: PSA/local civil registry death certificate.
Resignation: Signed resignation letter and written acceptance by the City/Municipal Mayor.
Removal/conviction: Certified final decision/judgment (and entry of judgment, if applicable).
Permanent incapacity: Medical/board certification indicating permanent inability.
Assumption to another office: The successor’s oath/assumption document and related records.
Failure to qualify: Affidavit and documentary trail (e.g., no oath taken after proclamation; explicit legal bar).
Abandonment: Sworn statements, logs, return-to-work directives unanswered, etc. (be conservative and observe due process).

5) The procedure, step by step

Step 1 — Establish the fact and ground

Gather the exact, provable ground and ensure it is permanent, not temporary. Consult prior issuances or legal counsel if the cause is unusual (e.g., “abandonment”).

Step 2 — Prepare and pass an SB Resolution

Title example: “Resolution Recognizing a Permanent Vacancy in the Office of Sangguniang Barangay Member and Requesting the City/Municipal Mayor to Appoint a Replacement.”
Recitals should: identify the seat, ground, date it took effect, and the evidence attached.
Include a clause authorizing the PB to transmit the resolution and request appointment.

Step 3 — Transmit to the City/Municipal Mayor (furnish DILG)

Send the resolution, minutes, and attachments.
Include a shortlist if your LGU practice requests it (not mandatory by law at the barangay level, but common to facilitate prompt appointment).
Keep proof of receipt.

Step 4 — Appointment by the City/Municipal Mayor

Mayor evaluates completeness; if in order, issues Appointment to a qualified resident voter of the barangay, of majority age, literate, and not otherwise disqualified.
Practice tip: Attach the appointee’s CENOMAR/Status (if relevant), CTC, voter’s certification/ID, and clearances to avoid back-and-forth.

Step 5 — Oath & assumption

The appointee takes the oath of office before an authorized officer (often the Mayor) and assumes immediately.
The Barangay Secretary updates the roll, posting, and notifies COMELEC/DILG as required in your locality.

6) Special situations

A. Vacancy in the Punong Barangay creates a kagawad vacancy

If the PB post becomes permanently vacant, the highest-ranking kagawad automatically becomes PB.
The resulting kagawad vacancy is then filled by mayoral appointment (same process above).
Ranking is based on the number of votes obtained in the last barangay election (ties resolved by drawing lots).

B. Multiple vacancies

If several kagawad seats are vacant, the SB can still sit if there is a quorum based on remaining members.
The Mayor issues appointments per seat (each appointee serves only the unexpired term).

C. Suspension vs. vacancy

Preventive or penal suspension never creates a permanent vacancy; do not request an appointment.
The SB carries on; if quorum is affected, follow the rules on quorum and acting presiding officers.

D. Election protest/recount

Pending cases do not create a vacancy.
Only a final decision (e.g., COMELEC or court) that ousts the incumbent and is executory results in a permanent vacancy.

E. Failure to qualify/assume

If a proclaimed winner fails to take the oath or assume within the required time, and no lawful excuse exists, the SB may recognize a failure to qualify as a permanent vacancy (document the chronology and notices).

F. Abandonment (use sparingly)

Must show clear intent not to return, not just prolonged absence.
Ensure due process: notify, require explanation, and document. When in doubt, file an administrative case rather than short-circuit the process.

7) Due process, transparency, and record-keeping

Even where the ground is self-evident (death), keep a complete paper trail.
For contestable grounds (removal, abandonment, incapacity), provide the official final documents; avoid relying on mere allegations.
Post the resolution in conspicuous places and keep the minute book updated.
Furnish copies to DILG and, where practice requires, COMELEC.

8) Qualifications & disqualifications for an appointee (quick checklist)

Citizen of the Philippines; registered voter of the barangay.
Resident of the barangay for the period required by law (usual barangay residency standards apply).
Able to read and write; at least 18 years old on appointment.
No final conviction for an offense carrying disqualification; no administrative penalty of perpetual disqualification; no dual office-holding incompatible with the post.
No prohibited relationship if any local anti-nepotism or conflict rules apply to appointments at the barangay level (check local HR/administrative issuances).

9) Frequently asked practical questions

Q1: Can frequent absences create a “vacancy”? Habitual unexcused absences may be an administrative offense and can lead to removal after due process. Only after a final penalty results is there a permanent vacancy. Until then: no appointment.

Q2: How long does the appointee serve? Only for the remainder of the unexpired term of the seat.

Q3: Must the appointee come from the same “ticket” or slate? No. Barangay elections are non-partisan, so the same-party rule used for higher sanggunian bodies does not apply.

Q4: Who breaks ties in ranking for succession? Ties are resolved by drawing lots, witnessed and recorded. Keep the minutes.

Q5: Who may challenge a declaration of vacancy or appointment? An aggrieved party may seek administrative review (DILG/Mayor/Sanggunian with proper jurisdiction), or file the appropriate judicial remedy (e.g., certiorari/quo warranto) within prescribed periods. Always consult counsel for timelines.

10) Model forms you can adapt (text-only templates)

A. Resolution Recognizing a Permanent Vacancy (excerpt)

RESOLUTION NO. __ (Series of __) A RESOLUTION RECOGNIZING A PERMANENT VACANCY IN THE POSITION OF SANGGUNIANG BARANGAY MEMBER AND REQUESTING THE CITY/MUNICIPAL MAYOR TO APPOINT A REPLACEMENT

WHEREAS, Hon. ____ (Kagawad) has [state ground and date]; WHEREAS, the following documents substantiate the foregoing: [list]; NOW, THEREFORE, … the Sangguniang Barangay of ___ hereby recognizes the permanent vacancy effective ___ and respectfully requests the City/Municipal Mayor to appoint a qualified replacement to serve the unexpired term; APPROVED, this __ day of , 20.

B. Transmittal to the Mayor (checklist)

Cover letter requesting appointment
Certified true copy of the Resolution and Minutes
Attachments (proof of ground)
Optional: shortlist with basic biodata and clearances

C. Oath of Office (excerpt)

“I, ___, having been appointed as Sangguniang Barangay Member of Barangay ___, do solemnly swear…”

11) Compliance tips (to avoid reversals)

Label the ground precisely (e.g., “resignation accepted on [date]”) and state the effective date.
Don’t fill temporary gaps with appointments.
Wait for finality (entry of judgment, final order) in disciplinary or criminal cases.
Mirror facts in attachments. If the resolution says “final,” attach the Entry of Judgment or dispositive final order.
Keep DILG and City/Municipal HR and Legal in the loop.

12) Bottom line

Yes—a barangay kagawad seat can be declared vacant when a permanent cause ends the incumbent’s tenure. The Sangguniang Barangay documents and recognizes the vacancy; the City/Municipal Mayor appoints a qualified replacement to serve the unexpired term. Use careful documentation, apply due process, and distinguish clearly between permanent and temporary situations to keep your actions valid and defensible.

This guide is for general information and practice support. For unusual fact patterns or contested cases, consult your city/municipal legal office or retained counsel for tailored advice.