In the Philippine local government system, the stability of governance relies on a clear, self-executing mechanism for succession. When a local elective official leaves their post permanently, the law ensures there is no vacuum of power. These rules are primarily governed by Republic Act No. 7160, otherwise known as the Local Government Code of 1991 (LGC).
I. Defining a "Permanent Vacancy"
Before succession can occur, a permanent vacancy must legally exist. Under Section 44 of the LGC, a vacancy is considered permanent when an elective local official:
- Fills a higher vacant office (Succession itself);
- Refuses to assume office;
- Fails to qualify;
- Dies while in office;
- Resigns voluntarily;
- Is removed from office by final judgment; or
- Sustains a permanent physical or mental incapacity as certified by the proper medical authority.
II. Automatic Succession for Executive Offices
For the offices of the Governor, Vice-Governor, Mayor, and Vice-Mayor, the rule of "automatic succession" applies. The law follows a hierarchical "next-in-rank" system to ensure the executive functions remain uninterrupted.
1. The Hierarchy of Succession
- Governor: Vacancy is filled by the Vice-Governor.
- Mayor (City/Municipal): Vacancy is filled by the Vice-Mayor.
- Vice-Governor / Vice-Mayor: Vacancy is filled by the highest-ranking Sanggunian Member (the member of the Provincial Board, City Council, or Municipal Council who garnered the highest number of votes in the last election).
2. Resolving Ties in Ranking
If two or more Sanggunian members tie for the highest number of votes, the rank is determined by drawing lots. This ensures a definitive order of succession (1st, 2nd, 3rd, etc.) to address subsequent vacancies.
III. Vacancies in the Sanggunian (Legislative Bodies)
Unlike executive positions, vacancies in the Sangguniang Panlalawigan (Provincial), Sangguniang Panlungsod (City), and Sangguniang Bayan (Municipal) are filled through appointment rather than automatic succession.
The power to appoint depends on the level of the local government unit (LGU):
| Vacant Office | Appointing Authority |
|---|---|
| Sangguniang Panlalawigan & Sangguniang Panlungsod (Highly Urbanized/Independent Cities) | The President of the Philippines (via the Executive Secretary) |
| Sangguniang Panlungsod (Component Cities) & Sangguniang Bayan | The Provincial Governor |
| Sangguniang Barangay | The City or Municipal Mayor |
The "Political Party Rule"
To preserve the will of the electorate, the appointee must come from the same political party as the person who caused the vacancy.
- The appointee must be nominated by the highest official of the political party concerned.
- A certificate of membership from said party is a mandatory requirement.
- Non-Partisan Vacancies: If the official who left the post did not belong to a political party (e.g., ran as an Independent), the appointing authority shall fill the vacancy without the need for a party nomination, provided the appointee meets the legal qualifications for the office.
IV. Vacancies in the Sangguniang Barangay
The rules for the smallest unit of government are distinct:
- Punong Barangay: The highest-ranking Sangguniang Barangay member (the one who obtained the highest number of votes) succeeds automatically.
- Sangguniang Barangay Member: The vacancy is filled by appointment by the City or Municipal Mayor upon the recommendation of the Sangguniang Barangay.
V. Succession for Sectoral Representatives
In cases where a vacancy occurs in the seats reserved for sectoral representatives (e.g., Women, Agricultural/Industrial workers), the vacancy is filled through the internal rules of the specific sector or federation (such as the Liga ng mga Barangay or the Sangguniang Kabataan Federation). Generally, the Vice-President of the respective federation succeeds the President if the latter’s seat in the Sanggunian is vacated.
VI. Key Legal Limitations
- Term of Office: An individual who succeeds to an office or is appointed to a vacancy serves only for the unexpired term of the predecessor.
- Qualifications: Any person appointed or succeeding to a vacancy must possess all the legal qualifications (age, residency, literacy, and registration) required for the office as mandated by the Local Government Code.
- The "Final Judgment" Requirement: For vacancies caused by removal, the decision of the court or the administrative body must be final and executory. A pending appeal typically prevents a vacancy from being declared "permanent," though it may create a "temporary vacancy" handled under Section 46 of the LGC.