In the Philippines, the Barangay serves as the primary planning and implementing unit of government policies, programs, projects, and activities. Given its role as the grassroots level of administration, maintaining a complete set of officials is vital for the delivery of public services. The rules governing the filling of vacancies in the Barangay are primarily found in Republic Act No. 7160, otherwise known as the Local Government Code of 1991 (LGC).
Vacancies in the Barangay government are categorized into two types: Permanent Vacancies and Temporary Vacancies.
I. Permanent Vacancies
A permanent vacancy arises when an elective official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of the office.
1. The Office of the Punong Barangay
If a permanent vacancy occurs in the office of the Punong Barangay, the rule of automatic succession applies.
- Who succeeds: The highest-ranking Sanggunian Barangay Member (the one who garnered the highest number of votes in the preceding election) shall become the Punong Barangay.
- Subsequent Vacancy: If the highest-ranking member is unable or refuses to occupy the post, the second highest-ranking member succeeds, and so on, down the line of succession.
2. The Sangguniang Barangay (Members)
When a permanent vacancy occurs in the Sangguniang Barangay (where the rule of succession does not apply), the vacancy is filled by appointment.
- Appointing Authority: The City or Municipal Mayor.
- Recommendation Requirement: The appointment is made upon the recommendation of the Sangguniang Barangay.
- Prohibition on Relatives: The appointee must not be a relative within the fourth degree of consanguinity or affinity of the appointing authority (the Mayor).
- Term of Office: The person appointed shall serve only the unexpired term of the predecessor.
3. Sangguniang Kabataan (SK) Vacancies
Under the SK Reform Act (RA 10742), as amended by RA 11768, vacancies in the SK are handled differently:
- SK Chairperson: The SK member who garnered the highest number of votes shall succeed.
- SK Member: If a vacancy occurs in the membership, the SK Chairperson shall appoint a replacement from among the qualified youth of the barangay, subject to the concurrence of the majority of the Sangguniang Kabataan.
II. Temporary Vacancies
A temporary vacancy occurs when a Punong Barangay is temporarily unable to perform their duties due to physical or legal reasons, such as leave of absence, travel outside the Philippines, or suspension from office.
- Automatic Succession: The highest-ranking Sangguniang Barangay member shall automatically exercise the powers and perform the duties of the Punong Barangay.
- Limitations: The acting Punong Barangay cannot exercise the power to appoint, suspend, or dismiss employees unless the period of temporary incapacity exceeds thirty (30) working days.
- Termination of Temporary Capacity: The temporary vacancy ends upon the Punong Barangay’s submission of a written notice to the Sangguniang Barangay that they have reported back to duty.
III. Appointive Positions: Barangay Secretary and Treasurer
Unlike elective officials, the Barangay Secretary and Barangay Treasurer are appointive positions.
Appointing Authority: The Punong Barangay.
Requirement for Validity: The appointment must have the concurrence of the majority of all the Sangguniang Barangay members.
Qualifications:
Secretary: Must be a resident of the barangay, of legal age, a qualified voter, and have never been convicted of a crime involving moral turpitude.
Treasurer: Must be a resident of the barangay, of legal age, a qualified voter, and must be bonded in accordance with the law.
Prohibitions: The Punong Barangay cannot appoint a Sangguniang Barangay member or a relative within the fourth degree of consanguinity or affinity to these positions.
IV. General Principles and Requirements
- Taking the Oath: Any person succeeding to a permanent vacancy or being appointed to one must take an oath of office before performing their duties.
- Qualified Person: In cases of appointment to the Sangguniang Barangay, the Mayor must ensure the appointee meets all legal qualifications (e.g., Filipino citizenship, residency, and age requirements) prescribed for the office.
- Refusal to Fill: Under the LGC, the failure of the concerned officials to fill vacancies within the prescribed period may be a ground for administrative sanctions, as it hampers the "General Welfare" clause which barangays are mandated to uphold.