Filling Vacancies in the Sangguniang Barangay After a Punong Barangay Election (Philippine Law Primer)

This guide pulls together, in one place, the rules and practical steps for filling seats in a Sangguniang Barangay (Barangay Council) after a Punong Barangay (PB) election—whether that election was the regular barangay polls, a special/recall election that replaced the PB mid-term, or an election that triggered succession inside the council. It’s written for a Philippine audience and tracks the Local Government Code (LGC), the Sangguniang Kabataan (SK) Reform Act, the Omnibus Election Code, and standard Department of the Interior and Local Government (DILG) practice.

Quick idea of the landscape: A barangay council is composed of the Punong Barangay (presiding officer), seven (7) elected barangay kagawad, and the SK chairperson as ex officio member. Appointive officials (barangay secretary and treasurer) are not council members.

I. Legal Bases (at a glance)

Republic Act No. 7160 (Local Government Code of 1991), esp. on qualifications of elective officials, succession, permanent vs. temporary vacancies, quorum, and barangay powers.
B.P. Blg. 881 (Omnibus Election Code) & COMELEC resolutions for election conduct, failure of election, ties, and election periods.
Republic Act No. 10742 (SK Reform Act of 2015), esp. on SK succession and filling SK vacancies; the SK chair sits in the barangay council.
DILG circulars/opinions (implementing practice) on ranking, tie-breaking, documentary requirements, and assumption to office.

(Section numbers and circular identifiers can vary across printings; the frameworks above are the ones you’ll apply.)

II. Key Definitions

Permanent vacancy – office becomes vacant by death, permanent disability, resignation (accepted), removal, assumption to another office, failure to qualify, or succession of a member to a higher office (e.g., a kagawad becomes PB).
Temporary vacancy – the official is unable to perform the duties for a time (e.g., leave, travel, preventive suspension), but retains title to the office.
Ranking of kagawad – based on the number of votes each kagawad received in the last regular election; ties are resolved by drawing of lots. Ranking matters for succession and for who serves as acting PB during temporary vacancies.

III. When a PB Election Triggers Vacancies

A PB election (regular, recall, or special) can create downstream vacancies in three common ways:

PB seat changes hands mid-term.
- If a PB is replaced (e.g., via recall/special election), the previous PB vacates; no kagawad succession is needed because voters directly elected a new PB.
- No new vacancy among kagawad arises just because a new PB was elected (PB and kagawad are voted separately).
Succession to PB (not through a new PB election).
- If the PB vacates (death, resignation, etc.) and no PB election has yet occurred, the highest-ranking kagawad assumes as PB.
- That assumption creates a permanent vacancy in the kagawad seats that must be filled by appointment (see Section V).
Post-election adjustments.
- Ties for last kagawad seat resolved by lots may delay proclamation; if a proclaimed kagawad later fails to qualify (e.g., age, residency, citizenship, final disqualification), that seat is permanently vacant and must be filled by appointment.

IV. Temporary vs. Permanent Vacancy Rules at Barangay Level

A. Temporary vacancy in the PB

The highest-ranking kagawad serves as acting Punong Barangay (presiding officer) for the duration of the PB’s temporary absence/inability.
No appointment is made; the PB keeps title and resumes upon return.

B. Permanent vacancy in the PB

The highest-ranking kagawad assumes as PB and serves the unexpired term.
The council then has one kagawad vacancy to be filled by mayoral appointment (Section V).
Ranking among the remaining kagawad does not reset; it remains as determined by their electoral votes. The new appointee typically ranks lowest for succession purposes (having no electoral vote count).

V. Filling Kagawad Vacancies (the heart of most post-PB-election issues)

When a kagawad seat becomes permanently vacant (whether because a kagawad succeeded as PB or for any other cause), the City/Municipal Mayor fills it by appointment.

A. Who recommends whom?

Because barangay elections are non-partisan, there’s no party nomination.
The Sangguniang Barangay (or PB) typically recommends qualified nominees to the Mayor via council resolution.

B. Qualifications for an appointee (same as if elected)

Citizen of the Philippines.
Registered voter in the barangay.
Resident of the barangay for at least one (1) year immediately prior.
Able to read and write Filipino, English, or a local language.
At least 18 years of age on election day (standard barangay elective minimum).
Not otherwise disqualified by law (e.g., by final judgment for an offense with penalties that disqualify, dual citizenship without proper election of Philippine citizenship where applicable, etc.).

C. Term & tenure

The appointee serves the unexpired term of the predecessor.
The appointee enjoys the same rights and obligations as an elected kagawad upon oath and assumption.

D. Practical documentary flow (what offices actually do)

Council resolution noting the cause of vacancy and recommending nominee(s).
Mayor’s appointment (written).
Oath of office (before the Mayor or any authorized official).
Assumption and entry in minutes; transmit copies to the DILG City/Municipal Field Office and records section.
Update signatories/bank authorities only after assumption documents are complete.

Multiple vacancies? The Mayor may issue as many appointments as there are vacant kagawad seats. No quorum? Quorum is a majority of the members who have been elected and qualified. Vacancies reduce the base number for quorum; you compute majority from those actually in office.

VI. The SK Chairperson Seat (ex officio in the Barangay Council)

The SK chair sits in the Sangguniang Barangay and votes. Vacancies and succession here are governed by the SK Reform Act:

Permanent vacancy in SK Chair (death, resignation, removal, permanent incapacity, failure to qualify): the highest-ranking SK kagawad assumes as SK Chair and becomes the ex officio barangay councilor.
The resulting vacancy in the SK council is then filled by appointment (by the SK chair with concurrence of the SK council), from among qualified SK constituency in the barangay (generally 18–24 years old, registered SK voter, residency, etc.).
Temporary vacancy in SK Chair: the highest-ranking SK kagawad acts as officer-in-charge in the barangay council for the duration.

Note: SK and barangay age/residency windows differ; ensure the nominee meets the correct set of qualifications for the seat being filled.

VII. Special Situations You’ll See in Practice

Recall/Special PB Election mid-term
- Voters elect a new PB directly. Kagawad seats do not change unless separate causes exist.
- If a kagawad had been acting PB (temporary vacancy) before the election, they return to kagawad after the new PB assumes.
Accepted Resignation
- A resignation creates a permanent vacancy only upon acceptance by the proper authority (PB for kagawad; Mayor often acknowledges PB resignation subject to LGC). Then follow appointment steps.
Election Protest/Disqualification Cases
- If a proclaimed winner’s proclamation is annulled or the candidate is finally disqualified, the office vacates; the next in rank (for PB) or mayoral appointment (for kagawad) follows.
- Avoid appointing while status is sub judice unless the law or a final order allows it.
Failure of Election / Ties
- Failure of election: COMELEC conducts special elections; in the interim, hold-over applies (incumbents stay until successors are elected and qualified).
- Tie: resolved by drawing of lots per election rules. For ranking ties among kagawad, the lot-draw likewise breaks the tie for succession purposes.
Indigenous Peoples Mandatory Representative (IPMR)
- Where recognized per law and guidelines, an IPMR may sit in the barangay council. The IPMR’s seat is separate, not elective by the barangay electorate, and does not figure in succession to PB (succession uses elected kagawad rankings). IPMR presence counts for quorum and voting.

VIII. Quorum, Presiding, and Voting After Changes

Presiding Officer:
- PB presides; if absent, highest-ranking kagawad presides.
- If a kagawad assumes as PB (permanent vacancy), they preside from then on.
Quorum:
- Majority of elected and qualified members actually in office (PB + kagawad + SK chair, plus IPMR where applicable).
Voting:
- PB votes only to break a tie, unless a law or internal rules provide otherwise (standard LGC rule).
- SK chair and IPMR (if present) vote like other members.

IX. Timelines & Election-Period Cautions

Assumption should be prompt once legal conditions exist (vacancy established; appointment issued; oath taken).
During COMELEC election periods, there can be restrictions on appointments and movements within government. Barangay kagawad appointments to fill vacancies are typically allowed because they fill elective positions by statutory mechanism, but always align with the current COMELEC resolutions (e.g., seek exemption if required) to avoid later invalidation of acts taken by an improperly seated member.

X. Step-by-Step Checklists

A. When the PB seat becomes permanently vacant (no new PB election yet)

Identify cause (death, resignation accepted, final removal, etc.).
Determine highest-ranking kagawad (votes; lots if tied).
Administer oath to the successor PB; record assumption.
Declare kagawad seat vacant via council resolution.
Recommend nominee(s) for kagawad replacement to the Mayor.
Mayor appoints; appointee takes oath and assumes.

B. When a kagawad seat is vacant for any reason

Council resolution reciting facts of vacancy and recommending nominee(s).
Mayor’s appointment issued.
Oath + assumption + transmittals to DILG field office/records.

C. When the SK Chair seat is vacant

Ascertain ranking among SK kagawad (by votes).
Highest-ranking SK kagawad assumes as SK Chair; takes oath.
Fill resulting SK kagawad vacancy via SK appointment (chair + council concurrence), ensuring SK-specific qualifications.

XI. Practical Templates (ready to adapt)

A. Barangay Resolution – Noting Vacancy & Recommending Appointee

Title: A Resolution Declaring a Permanent Vacancy in the Sangguniang Barangay and Recommending the Appointment of [Name] as Barangay Kagawad Body (key clauses):

Whereas, a permanent vacancy arose in the Sangguniang Barangay on [date] due to [cause];

Whereas, [Name], of legal age, a registered voter and resident of Barangay [X] for at least one year, and able to read and write, possesses all qualifications and is not disqualified by law;

Now therefore, be it resolved, that the Sangguniang Barangay recommends to the Hon. City/Municipal Mayor the appointment of [Name] as Barangay Kagawad to serve the unexpired term;

Resolved further, to furnish copies of this Resolution to the City/Municipal Mayor and the DILG Field Office.

B. Oath of Office (Kagawad Appointee)

“I, [Name], having been appointed to the position of Barangay Kagawad of Barangay [X], do solemnly swear that I will faithfully discharge to the best of my ability the duties of my present position… [standard constitutional oath].”

XII. Frequently Asked Questions

1) Does a new PB election automatically create a kagawad vacancy? No. PB and kagawad are voted separately. A kagawad vacancy arises if a kagawad succeeds as PB (because the PB seat became vacant without a new PB election) or if a kagawad resigns/dies/is disqualified, etc.

2) Who breaks ties in kagawad ranking? Ties are broken by drawing of lots. Ranking is by vote totals from the last regular election.

3) Can the Mayor refuse the barangay’s recommended nominee? The Mayor is the appointing authority and must ensure the lawful qualifications. If the nominee is ineligible or there are legal issues, the Mayor can decline and ask for another recommendation.

4) What if multiple kagawad seats are vacant and the council can’t form a quorum to pass a recommending resolution? Quorum is counted from those elected and qualified and actually in office. If quorum still cannot be formed, the Mayor may proceed on the basis of documented vacancy and eligibility, but the safer practice is to obtain available members’ action/memorandum and DILG guidance to document good faith and continuity.

5) Where does the SK Chair fit into quorum and voting? The SK Chair is a full voting member of the Sanggunian (ex officio) and counts toward quorum.

6) Does the appointee’s “ranking” matter later? For succession purposes, an appointee is typically treated as lowest-ranking among kagawad because the ranking is anchored on electoral votes.

7) How fast should we move? As soon as the vacancy is legally clear (e.g., resignation accepted, decision final and executory), move to maintain quorum and operations. Keep within any COMELEC election-period rules.

XIII. Compliance Tips (to avoid do-overs)

Put the cause of vacancy and effective date in writing.
Verify qualifications (voter’s cert, residency proofs, age, citizenship).
Make sure the oath and assumption dates are clear in the minutes.
Notify banks and counterpart agencies only after assumption.
Keep a tidy paper trail (resolution, appointment, oath, assumption, transmittals).
For SK matters, always apply SK-specific qualifications (18–24).

XIV. One-Page Flow (Barangay Side)

Vacancy occurs ➜ 2) Council resolution (cause + recommended nominee) ➜
Mayor appoints ➜ 4) Oath & assumption ➜ 5) Transmit to DILG FO ➜ 6) Update internal records/signatories.

Bottom line

After a Punong Barangay election (or any event that changes who sits as PB), look carefully at what actually created the vacancy. If a kagawad seat opens up, the path is mayoral appointment upon barangay recommendation, with the appointee serving the unexpired term. If the PB seat is empty and no election produced a new PB, the highest-ranking kagawad assumes as PB—and then you fill the kagawad slot that opens up. Keep SK and special seats in mind, document everything, and you’ll keep your council fully constituted and legally sound.