Procedure to Fill a Barangay Kagawad Vacancy

(Philippine Legal Context, updated to 28 June 2025)

1. Governing Law & Issuances

Source	Key Provisions Relevant to Vacancies
Republic Act No. 7160 (Local Government Code of 1991)	• §44(d) – permanent vacancies in the sangguniang barangay are filled by appointment of the city/municipal mayor upon recommendation of the sangguniang barangay (SB). • §46 – temporary vacancies; authority to designate an acting kagawad when quorum might be lost.
COMELEC Resolutions on Barangay & SK Elections (e.g., Res. No. 10084 [2016] & subsequent consolidated guidelines)	Affirm that mid-term special elections are not held for barangay kagawad; vacancies are governed by RA 7160 appointment rules.
DILG Memorandum Circulars – MC 2013-89, MC 2017-147, MC 2019-90, MC 2023-123 (latest compendium)	Uniform step-by-step administrative process, documentary checklist, and deadlines for mayors and SBs when recommending/issuing appointments.
Civil Service Commission (CSC) Opinion Nos. 11-90 & 19-91	Clarify that barangay elective officials are not career civil servants; nepotism rules of EO 292 do not technically apply, but the “public trust” standard still governs.
Jurisprudence – Montebon v. Comelec, G.R. No. 171080 (20 June 2006) – Mayor of Makati v. Hon. DILG Sec., G.R. No. 182242 (25 Jan 2017)	Supreme Court affirms: (a) the mayor’s power is purely ministerial once the SB’s nomination list is complete; (b) appointment is an executive act distinct from COMELEC jurisdiction.

2. Kinds of Vacancy

Classification	Typical Causes	Filling Mechanism
Permanent	death; resignation; removal/expulsion by final judgment; acceptance of another elective office; loss of domicile; incapacity certified by a competent authority	Appointment under §44(d) RA 7160
Temporary	official travel approved by the SB; suspension; filing of candidacy (during campaign period)	§46 RA 7160 allows the SB, by majority vote, to designate any remaining kagawad (or SK chair) as temporary replacement to maintain a quorum. No appointment needed.

Rule of Thumb: If the seat will be empty for the rest of the unexpired term, treat it as permanent; if the absence has an end-date, treat it as temporary.

3. Who Appoints?

City/Municipal Mayor where the barangay is situated.
The mayor cannot delegate the signing of the appointment.
If the mayor fails to act within fifteen (15) calendar days from receipt of the SB-endorsed list, the DILG Regional Director may, upon petition of the SB, sign the appointment to prevent a governance vacuum (DILG MC 2019-90, §8).

4. Step-by-Step Administrative Process

Step	Action	Timeline*	Legal Basis / Remarks
1	SB formally declares the vacancy by Sanggunian Resolution (noting factual basis—death certificate, accepted resignation, etc.).	within 5 days from knowledge	DILG MC 2013-89 §3
2	Nomination list prepared by the SB: at least one (1) and at most three (3) names for every vacant seat. Nominees must meet barangay elective qualifications (citizenship, registered voter of barangay, resident ≥1 yr, literate).	next regular SB session or a special session	RA 7160 §39, §43
3	Punong Barangay transmits the SB Resolution & nomination list to the City/Municipal Mayor through the DILG Field Office for documentary vetting.	within 3 days from SB approval	DILG MC 2023-123 §5
4	Mayor issues Appointment (Original & three certified copies).	within 15 days from receipt	RA 7160 §44(d); ministerial duty once documents are complete.
5	Appointee accepts & takes Oath before the Mayor, Judge, Notary Public, or any authorized administering officer.	immediately upon issuance	Oath must cite RA 7160 §94 on barangay ethics.
6	Transmittal of the appointment packet to: DILG City/Municipal Field Office, COMELEC local office, and the SB Secretary for proper recording.	within 7 days after oath	Needed for updating Liga ng mga Barangay roster & DILG database.
7	Assumption of Office; kagawad begins performing duties and earns honoraria/benefits prospectively.	same day or next working day	Tenure is limited to the unexpired portion of the original term (Art. X, §8, 1987 Constitution).

*Timelines are directory, but repeated delay may constitute neglect of duty (administrative liability) for the mayor or punong barangay.

5. Documentary Checklist

Barangay Resolution declaring vacancy
List of Nominees (indicating age, address, voter’s ID number, signature of each nominee)
Mayor’s Appointment Form (DILG-prescribed; three copies)
Proof of Vacancy (death certificate, irrevocable resignation letter accepted by SB, court decision, etc.)
Clearances (Barangay, PNP, NBI) – best practice, though not mandatory under RA 7160
Oath of Office (sworn & notarized)

6. Ranking & “Highest Vote” Rule (for Succession Not Appointment)

While ranking by number of votes obtained in the last barangay election determines who succeeds upward (e.g., when the Punong Barangay position becomes vacant), it does not govern who is appointed to fill a kagawad vacancy. The SB is free to nominate any qualified resident, even someone who did not run in the previous election, so long as the list gains a majority vote of all incumbent SB members (excluding vacant seats).

7. Limitations & Disqualifications

Situation	Effect
Nominee is related to the Mayor/Punong Barangay within the 3rd degree	Technically not covered by the Anti-Nepotism Rule (CSC MC 3-’69) because elective barangay posts are not civil service positions, but DILG advises inhibition to avoid conflict of interest.
Nominee lost in the most recent barangay election	Allowed. COMELEC ban on appointing “election losers” (Omnibus Election Code §6) applies only to appointive government employment in career service, not to elective barangay posts.
Nominee holds another public office or employment	Must resign or go on leave, unless the other post is likewise elective and compatible (e.g., SK chair is ex-officio kagawad; may not hold two elective posts in the same barangay).
Nominee is under 18 years old	Disqualified. Minimum age is 18 on election day preceding the appointment (RA 7160 §39[a]).

8. Temporary Vacancy Management

If a kagawad is suspended, travelling abroad, or on extended medical leave:

The SB, by majority vote, designates any remaining kagawad (or, if necessary, the SK chair) as acting member of all committees handled by the absent kagawad.
Designation lasts only until the official returns or a permanent vacancy is later declared.
No honoraria overlap is allowed; the acting official receives only per-diem for additional sessions attended.

9. Special Cases & Jurisprudence Highlights

Case / Opinion	Principle Established
Montebon v. COMELEC (2006)	COMELEC cannot compel a special election for barangay kagawad; appointment mode under RA 7160 is exclusive.
Mayor of Makati v. DILG Sec. (2017)	Once the SB submits a complete nomination list complying with DILG MC, the mayor’s role is ministerial; refusal or delay beyond 15 days is subject to mandamus and administrative sanctions.
CSC Opinion 19-91	Elective barangay posts are outside the career service; hence CSC rules on appointment papers (Form 33) are directory but not jurisdictional.

10. Practical Tips for Barangay Officials

Keep a template vacancy-declaration resolution on file; you often need it quickly (e.g., unforeseen death).
Nomination list should include alternates; if your first nominee declines, you need not reconvene the SB.
Follow documentary order—incomplete packets stall at the DILG Field Office screening stage.
Public posting (at barangay hall and social-media page) of the vacancy and nomination list, while not legally required, promotes transparency and reduces “politicking” allegations.
Record everything in the SB Minutes, including roll-call and voting, to withstand any future election contest questioning the legitimacy of the appointment.

11. FAQs

Question	Short Answer
Can the SB bypass the mayor and forward the list directly to the DILG?	No; RA 7160 vests the appointing power in the mayor. Only upon inordinate delay can the DILG step in.
Is COMELEC registration required for the appointee?	Yes. The appointee must be a registered voter of the barangay; otherwise, the appointment is void.
Does the appointee need to file a Statement of Contributions & Expenditures (SOCE)?	No; SOCE is an election-related filing, not required for appointed barangay officials.
Can the mayor pick someone not on the SB’s list?	No. The SB’s list is binding; selecting an outsider is ultra vires and void.
How long does the appointee serve?	Only for the remainder of the unexpired term (usually until June 30 following the next barangay election).

Conclusion

Under Philippine local-government law, filling a vacancy in the sangguniang barangay (barangay kagawad) is a well-defined administrative procedure anchored on appointment—not election—by the city or municipal mayor, tightly choreographed by the Local Government Code and refined through DILG issuances and Supreme Court jurisprudence. Mastery of the timelines, documents, and legal nuances outlined above ensures a smooth transition, preserves democratic representation at the grassroots, and protects all officials from avoidable administrative liability.