How Vacant Barangay Kagawad Positions Are Filled in the Philippines

(Succession and Appointments — Philippine Legal Context)

Scope. This article explains, in practical and doctrinal terms, how vacancies in the sangguniang barangay (the council composed of the punong barangay and seven kagawad) are filled—whether by succession or appointment—together with related rules on temporary vacancies, documentation, and common edge-cases. It synthesizes the governing framework under the Local Government Code of 1991 (LGC) and related issuances customarily applied in practice.

1) Legal framework and key actors

Primary statute: Local Government Code of 1991 (Republic Act No. 7160) — provisions on permanent and temporary vacancies and on succession and appointments to sanggunian seats.
Youth representation: Sangguniang Kabataan (SK) Reform Act (RA 10742) — the SK Chairperson sits ex officio as a member of the sangguniang barangay and chairs the barangay committee on youth and sports.
Implementers: City/Municipal Mayor (appointing authority for barangay sanggunian vacancies), the DILG (advisory/oversight), and COMELEC (for elections generally; there is no routine special election for mid-term kagawad vacancies).
Barangay internal officers: the Barangay Secretary prepares minutes and attests sanggunian actions; the Barangay Treasurer handles budget certification when needed.

2) What counts as a “vacancy”?

A. Permanent vacancy (triggers succession/appointment)

Arises upon death, permanent disability, resignation (upon acceptance), removal from office, or assumption to another office (e.g., a kagawad becomes punong barangay). The office is deemed permanently vacated as of the date the event legally takes effect.

B. Temporary vacancy (triggers “acting” arrangements, not appointments)

Covers leave of absence, official travel, preventive suspension, or other short, time-bound causes where the official is expected to return. No permanent replacement is appointed; an acting or officer-in-charge (OIC) setup applies for the duration.

3) Automatic succession when the Punong Barangay post is vacated

Who succeeds? The highest-ranking kagawad automatically becomes punong barangay.
- Ranking is based on electoral ranking (i.e., the kagawad with the highest number of votes among those elected).
- If there is a tie in rank, the older among them prevails.
If the highest-ranking is unable/unwilling to serve: The next highest-ranking kagawad succeeds, and so on.
Effect on kagawad seats: Each assumption to a higher office creates a downstream vacancy in the kagawad slate, which is then filled by appointment (see §4).
Temporary vacancy in the Punong Barangay office: The highest-ranking kagawad serves as Acting Punong Barangay only for the period of the temporary vacancy. No kagawad seat is vacated in this scenario.

4) Filling vacant kagawad seats by appointment

When a kagawad position becomes permanently vacant (including due to succession to punong barangay), the City/Municipal Mayor appoints a qualified resident of the barangay to serve the unexpired term.

A. Who recommends?

The sangguniang barangay (remaining members) passes a resolution recommending nominees to the Mayor.
While practice varies by locality, good practice is to submit at least three (3) nominees for each vacant seat to afford the appointing authority a meaningful choice.

B. Who appoints?

The Mayor issues a written appointment, usually after receiving the sanggunian’s resolution of nomination. The Mayor is expected to consider the sanggunian’s recommendation and the community interest.

C. Qualifications of an appointee (baseline LGC rules)

Filipino citizen;
Registered voter in the barangay;
Resident of the barangay for at least one (1) year immediately preceding appointment;
At least 18 years old on appointment;
Able to read and write Filipino or any local language/dialect;
Not otherwise disqualified by law (e.g., conviction by final judgment of an offense involving moral turpitude; dual allegiance issues; prohibited relationships in cases where local policies apply, etc.).

Note on political parties: Barangay elections are nonpartisan; the “same political party” rule that applies to appointments in provincial/city/municipal sanggunians does not govern barangay appointments.

D. Tenure of the appointee

The appointee serves only the remainder of the original term of the vacating kagawad.
The appointee assumes office upon taking the oath before any officer authorized to administer oaths (often the Mayor), and upon entry in the barangay records.

E. Multiple vacancies

Each vacant kagawad seat is separately filled by appointment.
If several kagawad assume higher office sequentially (e.g., PB vacancy then further successions), the Mayor may issue successive appointments to restore the sanggunian to full complement.

F. What if the sanggunian fails to recommend?

If the sanggunian cannot or does not submit nominees within a reasonable period (e.g., due to lack of quorum or deadlock), the Mayor may proceed to appoint directly, applying the statutory qualifications and the best interest of the barangay.

5) The SK Chairperson’s seat and its interplay with kagawad vacancies

The SK Chairperson sits ex officio in the sanggunian.
A vacancy in the SK Chair is not filled by the Mayor; it is addressed under SK rules (e.g., succession within the SK or COMELEC/DILG guidance where applicable).
When the SK Chair seat is vacant, the sangguniang barangay quorum and voting base are effectively reduced until the SK seat is lawfully filled under SK procedures.

6) Temporary vacancies and “acting” setups

Acting Punong Barangay: During a temporary PB vacancy, the highest-ranking kagawad serves Acting PB.
Kagawad temporary vacancy: There is no acting kagawad; the seat remains with the incumbent, and the sanggunian functions with reduced attendance. Committee vice-chairs or next-in-priority handle committee work as needed.

7) Resignations, suspensions, and other triggers

Resignation of a kagawad becomes effective upon acceptance by the proper authority (commonly the Punong Barangay or the Mayor per local practice and the LGC’s routing). Once effective, the vacancy is permanent and appointive filling applies.
Preventive suspension creates a temporary vacancy; the kagawad does not lose title to the office and no appointment is made.
Assumption to another office (e.g., succession to PB) immediately vacates the kagawad seat.

8) Quorum, presiding, and voting while vacancies exist

The Punong Barangay presides over the sanggunian. (In many LGUs, the PB votes only to break a tie, consistent with LGC practice.)
Quorum is computed based on the actual incumbent membership (i.e., vacancies reduce the base), including the SK Chair if duly installed.
If the PB office is vacant or the PB is acting elsewhere, the Acting PB (highest-ranking kagawad) presides for the duration.

9) Practical step-by-step: Filling a vacant kagawad seat

Ascertain the nature of the vacancy
- Determine if permanent (appointment needed) or temporary (no appointment).
- Secure supporting documents (e.g., death certificate, accepted resignation, assumption of PB, final decision of removal).
Record and notify
- Enter the vacancy and its legal basis in sanggunian minutes; the Barangay Secretary prepares a certification of vacancy.
- Notify the Mayor (appointing authority) and the DILG field office as a matter of practice.
Nomination by the sanggunian
- Pass a sanggunian resolution recommending nominee(s) (ideally three) who meet qualifications and have no disqualifications.
- Attach supporting proofs (voter’s certification, residency proofs, age/ID, statement of no pending case if required by local rules).
Mayor’s appointment
- The Mayor reviews the resolution and issues an Appointment to the chosen nominee.
- The appointee takes the oath and assumes office. Provide copies to the Barangay Secretary, DILG, and accounting/budget offices as needed.
Organize the sanggunian
- Update the roll of members, committee chairmanships, and signatories; if the PB changed via succession, elect/assign new committee chairs as appropriate.

10) Edge-cases and worked examples

PB dies; highest-ranking kagawad is abroad for a month.
- The situation is a permanent PB vacancy; the highest-ranking kagawad still succeeds to PB by operation of law. If physically absent temporarily, the next highest may serve as Acting PB until the successor formally assumes (oath/assumption), after which the kagawad seat vacated by the successor is filled by appointment.
Two kagawad resign on the same day.
- These are two separate permanent vacancies; the sanggunian nominates at least two sets of nominees; the Mayor issues two appointments.
PB vacancy but the top two kagawad decline to assume.
- Succession moves to the next highest willing and qualified kagawad. Each declination should be formally recorded. The first kagawad who legally assumes becomes PB; only that assumption creates the kagawad vacancy to be filled by appointment.
No quorum left to pass a nomination resolution.
- If the sanggunian is incapable of acting (e.g., too many vacancies), the Mayor may appoint directly to restore functionality, subject to the qualifications and best-interest standard.
Vacancy in the SK Chair seat while a kagawad seat is also vacant.
- The SK vacancy follows SK rules; it does not get filled by the Mayor. The kagawad vacancy still proceeds to mayoral appointment.

11) Do’s, don’ts, and documentation checklist

Do:

Verify eligibility (age, residency, voter registration, literacy) and lack of disqualification.
Keep a tight paper trail: vacancy certification, nomination resolution, appointment, oath, minutes.
Update committee assignments and bank/cash signatories after personnel changes.

Don’t:

Treat temporary absences as permanent vacancies.
Delay nominations; prolonged vacancies impair quorum and service delivery.
Overlook the SK Chair’s status when computing quorum and committee memberships.

Templates commonly used (adapt to your LGU’s styles):

Certification of Permanent Vacancy (by Barangay Secretary)
Sanggunian Resolution of Nomination (recitals + list of nominees)
Mayor’s Appointment (recitals + legal basis + term = unexpired term)
Oath of Office and Assumption (with effectivity date)

12) Frequently asked questions

Q1: Can there be a special election to fill a vacant kagawad seat? A: As a rule, no. Mid-term kagawad vacancies are filled by mayoral appointment, not by special election. (Barangay and SK elections occur on dates set by law; mid-term special polls for individual kagawad seats are not the practice.)

Q2: Must the appointee be among the top vote-getters from the last election? A: No. The appointee only needs to satisfy the statutory qualifications and lack disqualifications. Prior candidacy or rank is not a legal prerequisite, though it may be considered politically.

Q3: Does “nepotism” bar apply? A: Barangay officials are elective officials; the anti-nepotism rules primarily govern appointive positions in the civil service. That said, many LGUs adopt ethics or good-governance policies; always check local directives and avoid conflicts of interest.

Q4: Who accepts a kagawad’s resignation? A: Acceptance practice follows the LGC routing (often the Punong Barangay endorses and the Mayor acts); once accepted, the vacancy is permanent and appointment may proceed.

Q5: When does the appointee start working? A: Upon oath-taking and assumption (documented), the appointee may sit in sessions and sign documents consistent with the role.

13) Quick decision tree

Is the office vacated permanently?

No → Use acting/OIC rules; no appointment.
Yes → a) Punong Barangay vacated → Highest-ranking kagawad succeeds to PB → resulting kagawad vacancy is appointive. b) Kagawad vacated → Mayor appoints a qualified resident to the unexpired term (preferably from sanggunian’s nominees). c) SK Chair vacated → Follow SK procedures; not appointive by the Mayor.

14) Compliance tips for barangay and municipal offices

Keep an updated matrix of kagawad ranking (based on official election results) to avoid disputes during succession.
Maintain a standing shortlist of eligible community leaders to accelerate nominations when vacancies arise.
Synchronize with the MLGOO/CLGOO (DILG) for form templates and to ensure alignment with the latest advisories.
After any appointment or succession, promptly update banks, counterpart agencies, and program implementers (e.g., for signatory mandates, payroll, and project approvals).

Closing note

The North Star is simple: succession fills the Punong Barangay post; appointments by the Mayor fill kagawad vacancies for the unexpired term; temporary gaps are handled by acting designations. Align your paperwork with these principles, anchor each step in the LGC, and coordinate with your DILG field office to reflect any local circulars or court rulings that may refine these default rules.