The Process for Filling a Vacancy Caused by the Death of a Barangay Kagawad
(Philippine Legal Context – updated to 2025)
1. Governing Instruments
| Source | Key Provisions | What They Cover |
|---|---|---|
| 1987 Constitution, Art. X | Sec. 4 (local autonomy) | Empowers Congress to legislate succession in local elective offices. |
| Republic Act No. 7160 — Local Government Code of 1991 (LGC) | Secs. 44–46, 393 | Definitions of temporary/permanent vacancy, automatic succession, appointment process, tenure, benefits. |
| Administrative Code of 1987, Book V | Title I(B), Chap. 5 | Civil-service attestation of local elective-official appointments. |
| DILG Memorandum Circulars (notably 94-155, 98-231, 2011-122, 2020-007) | Detailed mechanics: time lines, documentary requirements, attestation flow. | |
| COMELEC Resolutions on Barangay Elections | Clarify that barangay posts are non-partisan (no party-list nomination rule applies). | |
| Supreme Court jurisprudence (e.g., Bautista v. Salonga, G.R. 154149, 2010) | Confirms mayor’s power of appointment and limits to judicial review. |
2. What Constitutes a “Permanent Vacancy”
Under LGC §46(a) a vacancy is permanent when it arises by death, resignation, removal, permanent incapacity or disqualification of the incumbent. Death, therefore, immediately creates a permanent vacancy; no waiting period or resolution of the sanggunian is needed to “declare” it.
3. Principle of Automatic Succession vs. Appointment
| Scenario | Rule |
|---|---|
| Punong Barangay dies | Highest-ranking kagawad (based on votes garnered in the last regular election) automatically becomes Punong Barangay (LGC §44(d)). The vacant kagawad seat is then filled by appointment under §46. |
| A Kagawad dies | No automatic successor. The seat is filled directly by appointment under §46. |
Since our topic is the death of a kagawad, we proceed straight to the appointive route below.
4. Statutory Time Lines & Actors
| Step | Responsible Officer | Deadline (calendar days) | Statutory Basis |
|---|---|---|---|
| 1. Notice of Vacancy — transmit death certificate & notice to city/municipal mayor, DILG field office, sanggunian | Punong Barangay (or highest-ranking kagawad if the Punong is incapacitated) | Within 5 days of death (DILG MC 2011-122) | §46(c) (implied); DILG MC |
| 2. Nomination/Recommendation — choose nominee by majority vote | Sangguniang Barangay | Within 15 days from vacancy | §46(b) |
| 3. Issuance of Appointment | City or Municipal Mayor | Within 15 days from receipt of recommendation | §46(b) |
| 4. Attestation & Recording | DILG City/Municipal Local Government Operations Officer ➔ transmitted to the DILG Regional Office | Immediately after signing | Admin Code 1987, Book V; DILG MC |
| 5. Oath & Assumption | Appointee (before the mayor, judge, or any authorized official) | Immediately upon receipt of attested appointment | §46(d) |
If the sanggunian fails to recommend within 15 days, the mayor may appoint motu proprio any qualified resident without further sanggunian action.
5. Qualification & Disqualification Checklist
- Citizenship & Age – Natural-born Filipino, at least 18 years old on appointment day (LGC §39).
- Voter & Residency – Registered voter in, and resident of, the barangay for at least 1 year immediately prior.
- Literacy – Able to read and write Filipino or any local language.
- No Prohibited Relationship – Although nepotism rules under CSC mainly cover appointive positions, the spirit applies; DILG circulars exhort avoidance of relatives within 4th civil degree to the mayor or punong barangay.
- No Dual Office – Cannot hold any other elective office or government employment (LGC §90).
- No Outstanding Sanction – Not convicted by final judgment of an offense involving moral turpitude; not removed from public office by final judgment (LGC §40).
6. Supporting Documents (Typical Packet Forwarded to DILG)
- Sanggunian Resolution recommending the nominee (if any).
- Mayor’s Appointment (General Form 211).
- Nominee’s Bio-data & CTC (Community Tax Certificate).
- Death Certificate of deceased kagawad.
- Clearances (Barangay, PNP, NBI, Ombudsman).
- Oath of Office (to be submitted after attestation).
7. Term of the Appointee
“The appointee shall serve the unexpired portion of the term.” — LGC §46(b)
There is no special election for a barangay kagawad vacancy; the next regular barangay elections will simply include all eight kagawad seats as usual.
8. Attestation & Judicial Review
- The DILG’s attestation is ministerial if the appointment facially complies with §46 and DILG issuances.
- Refusal to attest may be challenged before the Civil Service Commission and ultimately the Court of Appeals/Supreme Court under Rule 43 of the 1997 Rules of Court.
- Bautista v. Salonga (2010) underscored that courts will not interfere with the mayor’s discretion unless grave abuse (e.g., appointment of an unqualified person despite clear documentary defects).
9. Common Pitfalls & How to Avoid Them
| Pitfall | Consequence | Best Practice |
|---|---|---|
| Late sanggunian recommendation | Mayor appoints without their input | Convene special session immediately; include vacancy notice in agenda. |
| Appointment of a non-resident | Appointment void, exposure to quo warranto | Require photocopy of voter’s certificate and barangay clearance before voting. |
| Unattested appointment (failure to transmit to DILG) | Appointee may not be enrolled in payroll; legality questioned | The mayor’s office should transmit within 24 hours and follow up for DILG serial number. |
| Oath taken before an unauthorized official | Defect in assumption; may invalidate official acts | Take oath before the mayor, municipal trial court judge, or any officer authorized under R.A. 6733. |
10. Practical Timeline Illustration
Day 0 Kagawad A dies; PB issues death notice.
Day 1-5 Punong Barangay transmits notice + death certificate to Mayor & DILG.
Day 6-20 Sanggunian meets → Resolution No. 03-25 recommending B.
Day 21-35 Mayor evaluates → signs GF 211 in favor of B on Day 30.
Day 31 HRMO/LGOO forwards to DILG Regional for attestation.
Day 34 DILG Regional releases attested appointment (with serial #).
Day 35 B takes oath before Mayor; assumes office same day.11. Interaction with Sanggunian Kabataan (SK)
- The SK chair is ex officio kagawad; if the deceased kagawad happened to be the SK chair (rare, as SK chair is elected separately and must be 18-24) the vacancy follows SK succession rules under R.A. 11768 (2022).
- Otherwise, the SK remains unaffected.
12. Checklist for LGU Compliance Officers
✓ Death certificate on file ✓ Sanggunian Resolution w/ majority signatures ✓ Mayor’s appointment form (GF 211) completely filled ✓ All qualification docs attached ✓ Transmittal to DILG within 24 hours of signing ✓ DILG attestation serial number received ✓ Oath of office administered and filed ✓ HR/payroll notified; Records Management updated
Conclusion
The Local Government Code designed the barangay-level succession system to be swift, inexpensive, and politically neutral. Once a kagawad dies, the sanggunian and mayor have, in total, a maximum of 30 calendar days to complete the replacement cycle. When these statutory steps are promptly observed—notice, recommendation, appointment, attestation, oath—the barangay avoids crippling quorum issues and preserves democratic legitimacy, all while ensuring that the appointee is vetted for fitness to serve.
Understanding and following this streamlined process safeguards both local governance continuity and the legal validity of acts taken by the re-constituted Sangguniang Barangay.