The Sangguniang Barangay (SB) serves as the legislative and policy-making body of the barangay, the primary political and administrative unit of the Philippine local government system. Comprising the Punong Barangay (PB) as presiding officer and seven (7) regular members known as Barangay Kagawads, the SB exercises powers and functions essential to grassroots governance, including the enactment of barangay ordinances, approval of the barangay budget, and resolution of local disputes. To maintain the integrity and continuity of this body, the law provides a clear and structured mechanism for addressing vacancies, particularly those filled through appointment. These rules ensure that governance at the barangay level remains operational without undue disruption, upholding the principles of local autonomy enshrined in the 1987 Constitution and operationalized by Republic Act No. 7160, otherwise known as the Local Government Code of 1991 (LGC).

Legal Framework

The primary legal basis for filling vacancies in the Sangguniang Barangay is Section 45 of the LGC, which categorizes and governs permanent vacancies in local sanggunians. While succession rules apply to certain positions, the appointment mechanism specifically addresses vacancies among the regular members of the SB. Complementary provisions are found in:

Section 40 of the LGC, enumerating disqualifications for local elective and appointive officials;
Section 41 of the LGC, outlining qualifications for barangay officials;
Relevant issuances of the Department of the Interior and Local Government (DILG), which provide interpretive guidelines and standard operating procedures for implementation; and
The Omnibus Election Code (Batas Pambansa Blg. 881) and subsequent barangay election laws, insofar as they define voter qualifications applicable to appointees.

These rules apply uniformly across all barangays, whether in municipalities or component cities, with the Sangguniang Bayan (SB) or Sangguniang Panlungsod (SP) serving as the appointing authority for municipal and city barangays, respectively.

Distinction Between Succession and Appointment

Not all vacancies in the SB are filled by appointment. A clear distinction exists:

Vacancy in the Position of Punong Barangay
A permanent vacancy in the office of the PB is filled by automatic succession. The Barangay Kagawad who obtained the highest number of votes in the immediately preceding barangay election assumes the position. In case of the latter’s incapacity, the next highest vote-getter succeeds, and so on. This process is governed by Section 45(b) of the LGC and requires no appointment. The successor serves the unexpired term and assumes all powers, duties, and responsibilities of the PB, including presiding over the SB.
Vacancy in the Position of Barangay Kagawad
Permanent vacancies among the seven regular members of the SB are filled exclusively by appointment. This is the core subject of the rules on appointment and is the focus of the succeeding sections.

Grounds for Permanent Vacancy

A permanent vacancy in the SB occurs upon the happening of any of the following events:

Death of the incumbent;
Voluntary resignation, duly accepted by the appointing authority;
Removal or disqualification by final judgment of a competent court or administrative body;
Permanent physical or mental incapacity certified by a competent authority;
Abandonment of office or failure to assume office within the prescribed period without valid cause;
Conviction of an offense involving moral turpitude or punishable by more than one (1) year of imprisonment; or
Any other cause that renders the position permanently vacant under existing laws.

Temporary absences (e.g., due to illness, travel, or suspension) do not create a vacancy for appointment purposes. In such cases, the PB may designate a temporary replacement from among the remaining members, but this does not constitute a permanent appointment.

Procedure for Appointment

The appointment process is deliberate and collegial, involving both the barangay and the higher local sanggunian to prevent arbitrary selections and ensure accountability. The step-by-step procedure is as follows:

Determination and Documentation of Vacancy
The PB or the SB, as the case may be, formally declares the existence of a permanent vacancy through a resolution or certification. This document must state the cause of the vacancy and the date it became effective. A copy is furnished to the Sangguniang Bayan or Sangguniang Panlungsod and the DILG for record purposes.
Nomination by the Sangguniang Barangay
The SB, acting as a collegial body, prepares and adopts a resolution nominating at least one (1) but preferably three (3) qualified individuals to fill the vacancy. The resolution must be approved by a majority of the remaining members present, with the PB presiding but not voting unless there is a tie. In practice, the PB often initiates the nomination by submitting a list of prospective appointees, which the SB then deliberates upon and formalizes.
Transmittal to the Appointing Authority
The nomination resolution, together with the personal data sheets (PDS) or curricula vitae of the nominees, the barangay clearance, police clearance, and other supporting documents, is transmitted to the Sangguniang Bayan (in municipalities) or Sangguniang Panlungsod (in cities).
Review and Appointment by the Sangguniang Bayan or Sangguniang Panlungsod
The higher sanggunian reviews the nomination for compliance with legal requirements. It may conduct interviews or require additional information but cannot substitute its own nominee; it must appoint from those recommended by the SB. The appointment is effected through a resolution or ordinance of the sangguniang bayan/panlungsod, signed by the presiding officer and attested by the secretary. The appointing authority has no fixed deadline, but appointments are customarily made within thirty (30) to sixty (60) days from receipt of the nomination to avoid prolonged vacancies.
Oath-Taking and Assumption of Office
The appointee takes the oath of office before the PB, the municipal or city mayor, or any person authorized to administer oaths. Upon assumption, the appointee is entitled to all rights, privileges, salaries, and emoluments of the position. The appointment is recorded in the barangay and municipal/city records and reported to the DILG and the Commission on Elections (COMELEC) for official recognition.

Qualifications of the Appointee

The person to be appointed must possess the same qualifications required of elective Barangay Kagawads under Section 41 of the LGC:

A citizen of the Philippines;
A registered voter of the barangay where the appointment is to be made;
A resident of the said barangay for at least one (1) year immediately preceding the appointment;
At least eighteen (18) years of age on the day of the appointment;
Able to read and write Filipino, English, or any of the local dialects; and
Not disqualified under Section 40 of the LGC or any other law.

Disqualifications include:

Sentencing by final judgment for an offense involving moral turpitude or punishable by one (1) year or more of imprisonment;
Removal from office as a result of an administrative case;
Being a fugitive from justice;
Permanent incapacity; or
Any other ground provided by law.

There is no legal requirement that the appointee must have been a candidate in the preceding election or ranked next in the vote tally, although this is a common practice. The law grants the SB wide discretion in selecting any qualified resident, subject only to the approval of the higher sanggunian.

Term of Office of the Appointee

The appointee serves only the unexpired portion of the term of the predecessor. Barangay officials serve a three-year term, and appointments do not extend beyond the next regular barangay election. The appointee enjoys the same security of tenure as elected members and may only be removed for cause in accordance with due process.

Special Considerations

Multiple Vacancies
When two or more vacancies occur simultaneously, the SB may submit separate nominations for each position. The appointing authority fills them individually.
Ex-Officio Members
The Sangguniang Kabataan (SK) Chairperson serves as an ex-officio member of the SB. Vacancies in the SK Chairperson position are governed by Republic Act No. 10742 (Sangguniang Kabataan Reform Act of 2016) and are filled through election among the SK members, not by the regular SB appointment process.
Prohibition on Nepotism
While the LGC does not explicitly prohibit nepotism in barangay appointments, the Civil Service Commission (CSC) rules on nepotism apply by analogy. Appointments of relatives within the third civil degree of consanguinity or affinity to the PB or other appointing officials are discouraged and may be questioned administratively.
Judicial and Administrative Review
Appointments are generally presumed regular. However, they may be challenged before the Regional Trial Court on grounds of grave abuse of discretion, lack of qualifications, or violation of due process. The Ombudsman and the DILG also exercise supervisory jurisdiction over irregularities in the appointment process.
Effect on Ranking for Succession
The original ranking of SB members, determined by the number of votes received in the last election, remains fixed for purposes of succession to the PB. A newly appointed member does not acquire a ranking based on votes and would be the last in line for automatic succession should another vacancy in the PB occur.

The rules on filling vacancies in the Sangguniang Barangay by appointment embody the constitutional mandate for meaningful local autonomy while safeguarding against abuse through layered checks and balances. By vesting the power of nomination in the barangay itself and the power of appointment in the next higher legislative body, the law promotes accountability, competence, and community representation in the smallest unit of Philippine democracy. These mechanisms have proven effective in ensuring that barangay governance continues uninterrupted, reflecting the LGC’s overarching goal of empowering local communities to chart their own development.