1) The legal framework

The primary governing law is the Local Government Code of 1991 (Republic Act No. 7160), particularly the provisions on succession and vacancies in elective local offices. In general, the Code is designed to prevent leadership gaps by using two mechanisms:

Automatic succession (no election, no appointment) for vacancies in the top elective posts (e.g., mayor/vice mayor).
Party-based appointment to fill vacancies in the sanggunian (city/municipal council) created by succession or other causes.

Note on scope: City and municipal governments generally follow the Local Government Code. Some localities have special charters, but succession rules for elective local officials are typically harmonized with (and often absorbed by) the Code unless a special law validly provides a different rule.

2) What “vacancy” means in practice: permanent vs temporary

The Code treats “vacancy” differently depending on whether it is permanent or temporary. This distinction is crucial because permanent vacancies trigger a change in title/office, while temporary vacancies trigger acting capacity (and sometimes a different presiding arrangement).

A. Permanent vacancy (the office becomes vacant)

A permanent vacancy in the vice mayor’s office generally exists when the vice mayor:

dies
resigns (and the resignation becomes effective—see Section 8 below on acceptance)
is removed from office by final order/judgment (administrative or judicial, depending on the case)
is permanently incapacitated
is convicted by final judgment of a disqualifying offense or otherwise finally disqualified
abandons the office (a factual/legal determination; not mere absence)
fails to qualify or assume office (common examples: failure/refusal to take oath; disqualifications that prevent assumption)

Key consequence: Permanent vacancy triggers succession for vice mayor.

B. Temporary vacancy (the office is not vacant; the official cannot perform duties)

A temporary vacancy is typically due to:

temporary physical incapacity
official travel or absence
preventive suspension or temporary suspension (depending on the legal basis and tenor of the order)
other causes that temporarily prevent performance of functions

Key consequence: A temporary vacancy triggers an acting official (or, for sessions, sometimes a presiding officer pro tempore), but the original official keeps the title and may return.

3) The core rule: who becomes vice mayor when the vice mayor position is permanently vacant?

Under the Local Government Code’s succession scheme, when there is a permanent vacancy in the office of the vice mayor, the office is filled by automatic succession:

The “highest-ranking sanggunian member” becomes the new vice mayor

In a city: the highest-ranking member of the Sangguniang Panlungsod succeeds as vice mayor.
In a municipality: the highest-ranking member of the Sangguniang Bayan succeeds as vice mayor.

This is by operation of law—it is not discretionary and does not require a separate appointment process to “choose” who succeeds (though administrative steps like oathtaking, payroll adjustments, and formal recognition typically follow).

4) How to identify the “highest-ranking sanggunian member”

A. The general standard: rank is based on votes in the last election

The Code defines ranking for succession purposes in terms of who obtained the highest number of votes in the immediately preceding election for sanggunian members, followed by the second highest, and so on.

B. What if there’s a tie?

If two or more sanggunian members have the same number of votes for ranking purposes, the Code’s approach is that the tie is resolved by drawing lots (a formal, documented method).

C. Do ex officio members count in the ranking?

City/municipal councils typically include ex officio members (e.g., association/federation representatives). Ranking in the Code is anchored on votes obtained in the election for sanggunian membership, which aligns most cleanly with regular elective councilors who ran in that contest. In actual disputes, the argument usually turns on whether the member can be said to have been elected as part of the sanggunian slate in that same election; ex officio members are not elected in the same contest, so they are typically not “ranked” using the same metric.

Practical takeaway: Ranking disputes usually focus on (1) the certified vote totals for councilor candidates in the last local election, and (2) whether the successor must be among those who ran as councilor in that election.

5) The domino effect: a vice mayor vacancy usually creates a sanggunian vacancy

When a sanggunian member succeeds as vice mayor, that person leaves the sanggunian seat they previously held, creating a new vacancy in the sanggunian.

That second vacancy is not filled by succession. It is filled by appointment (see Section 7).

6) Common scenarios and the correct succession outcome

Scenario 1: Vice mayor dies midterm

Permanent vacancy occurs.
Highest-ranking councilor becomes vice mayor.
The councilor’s seat becomes vacant → filled by appointment.

Scenario 2: Vice mayor resigns

Vacancy occurs only when resignation becomes effective (acceptance rules matter).
Then: highest-ranking councilor succeeds.

Scenario 3: Vice mayor is removed or disqualified by final decision

Once final and executory (and implemented), it becomes a permanent vacancy.
Then: highest-ranking councilor succeeds.

Scenario 4: Mayor dies/resigns; vice mayor becomes mayor—what happens to vice mayor?

The vice mayor succeeds as mayor.
This creates a permanent vacancy in the vice mayor’s office.
Then: the highest-ranking sanggunian member becomes vice mayor.

Scenario 5: Both mayor and vice mayor offices become vacant (simultaneously or effectively at the same time)

The Code provides a chain that ensures a successor to the mayoralty (typically the highest-ranking sanggunian member if both top posts are vacant).
After that, the vice mayoralty is filled by the next succession step (commonly, the highest-ranking remaining eligible sanggunian member).
In practice, this scenario requires careful sequencing and documentation because multiple seats shift at once and each shift can create a new sanggunian vacancy to be filled by appointment.

7) How the vacated sanggunian seat is filled after succession to vice mayor

When a sanggunian seat becomes vacant (including because its holder succeeded to vice mayor), the Local Government Code’s method is appointment, structured to preserve party representation:

A. If the outgoing member belonged to a political party

The vacancy is filled by an appointee chosen by the local chief executive (mayor), from nominees of the political party to which the outgoing sanggunian member belonged at the time of election/tenure.

B. If the outgoing member was independent

The appointment is typically made from nominees of the sanggunian (the council), under the Code’s framework.

C. Why this matters for vice mayor succession

Vice mayor succession is automatic, but the resulting sanggunian vacancy is where party nomination disputes, deadline issues, and election-period appointment restrictions most commonly arise.

8) When does a resignation actually create a vacancy?

A vice mayor’s resignation does not automatically create a vacancy the moment it is written or announced. Under the Code’s concept, resignation becomes effective upon acceptance by the proper authority (or by operation of a “deemed accepted” rule if the accepting authority fails to act within the prescribed period).

Practical point: If the resignation is not yet effective, the office is not yet vacant, and succession should not be treated as triggered.

9) Temporary vacancy: acting vice mayor vs presiding officer pro tempore

Even without a permanent vacancy, there are two “stopgap” concepts that get confused:

A. Acting vice mayor (temporary vacancy rule)

When the vice mayor is temporarily unable to perform duties, the Code’s temporary vacancy provisions generally provide that the highest-ranking sanggunian member acts as vice mayor for the duration of the temporary incapacity/absence.

The vice mayor retains the title and returns once the temporary cause ends.
The acting official performs the vice mayor’s functions during that period.

B. Presiding officer pro tempore (session management)

Separately, councils can designate a presiding officer pro tempore to preside over a session when the vice mayor is absent from a particular session. This is not necessarily the same as the Code’s “acting vice mayor” mechanism, and it is often limited to presiding over deliberations rather than stepping into the full range of vice mayor functions.

10) Oath, assumption, and administrative implementation

Although succession is automatic by law, implementation typically involves:

Verification/documentation of the vacancy
- death certificate, resignation letter + proof of acceptance/effectivity, final order of removal/disqualification, etc.
Identification of the highest-ranking sanggunian member
- vote ranking records from the last election (and tie-breaking documentation if needed)
Oath-taking of the successor
- oathtaking is a key step for “qualification” and clean administrative transition
Updating official records
- payroll/salary grade, signing authority, office designation, committee assignments, and presiding authority in the sanggunian
Triggering the appointment process for the vacated sanggunian seat
- party nominations and the mayor’s appointment, consistent with the Code

11) Election-period complications: appointment bans and exemptions

A frequent practical complication is the election-period ban on certain appointments under election laws and COMELEC rules.

Automatic succession (vice mayor vacancy filled by highest-ranking councilor) is not an “appointment” and is generally treated differently.
Filling the resulting sanggunian vacancy by appointment, however, can collide with appointment prohibitions during the election period, depending on timing and applicable COMELEC rules/resolutions.

Operational reality: LGUs commonly proceed carefully by documenting the legal basis and, where required under prevailing election rules, seeking the proper clearance/exemption mechanisms for the appointment step (not the succession step).

12) Frequently disputed issues (and how they are usually analyzed)

A. “Who is highest-ranking?” disputes

These often involve:

differing interpretations of certified vote totals
ties and whether lots were properly drawn
whether certain members (like ex officio members) are eligible to be ranked the same way

B. Can an appointed sanggunian member succeed as vice mayor?

This is a nuanced problem when the “highest-ranking” seat was previously vacated and filled by appointment. Competing approaches typically argue either:

strict vote-based ranking (only those who actually obtained votes in the last councilor election can be “highest-ranking”), or
seat-based continuity (the appointee effectively steps into the predecessor’s place, including for succession implications)

Actual outcomes depend heavily on the exact facts, the sequence of vacancies, and how election-vote ranking is applied in the particular controversy.

C. Preventive suspension vs removal

Preventive suspension is typically treated as temporary—it does not by itself create a permanent vacancy.
Removal (final) creates a permanent vacancy, triggering succession.

D. Election protests and the de facto officer effect

If a vice mayor’s title is later overturned by a final ruling, disputes can arise over the legitimacy of acts done during the contested period. Philippine public law generally recognizes doctrines that protect the public (and third parties) from administrative chaos by treating official acts of an occupant exercising functions under color of authority as valid for governance continuity, subject to the specific case.

E. Term limits implications

Philippine jurisprudence on local term limits emphasizes election and service of a full term in the same elective post. Succession to a higher office (e.g., councilor to vice mayor, vice mayor to mayor) commonly raises questions on whether such service counts as a “term” for term-limit purposes; the analytical focus is usually whether the official was elected to that specific office and whether there was full-term service and no involuntary interruption.

13) Quick reference: a practical “succession map” for vice mayor vacancy

If the vice mayor position becomes permanently vacant:

Highest-ranking sanggunian member → becomes vice mayor
The successor’s council seat becomes vacant
That council seat is filled by appointment (party-nomination rule)

If the vice mayor is temporarily unable to perform duties:

Highest-ranking sanggunian member → acts as vice mayor (for the duration)
For specific sessions, the council may designate a presiding officer pro tempore if needed

14) A compliance checklist LGUs typically follow (substance, not form)

Confirm whether the event is permanent or temporary
Secure and authenticate documents proving vacancy/incapacity
Identify successor using vote-based ranking (and document tie-breaking if needed)
Ensure successor takes oath and is formally recognized for administrative purposes
Update signing authorities, payroll, and council presiding arrangements
Start the appointment process to fill the vacated sanggunian seat, observing party nomination rules
Check election-period rules if the appointment step occurs near elections

15) Bottom line

In Philippine local governance under the Local Government Code, a permanent vacancy in the vice mayor’s office is filled automatically by the highest-ranking sanggunian member (as determined by vote ranking in the last election). The most litigation- and dispute-prone parts of the process are usually (1) how ranking is computed, (2) how resignations/removals become effective, and (3) the appointment of the replacement sanggunian member after succession occurs.