Succession Rules When a Barangay Kagawad Dies: Insights from the Local Government Code of the Philippines

Introduction

In the Philippine local government system, the barangay serves as the smallest and most basic political unit, functioning as the primary planning and implementing arm of government policies at the grassroots level. The Sangguniang Barangay (Barangay Council) is the legislative body of the barangay, composed of the Punong Barangay (Barangay Captain) as the presiding officer, seven (7) elected Barangay Kagawads (councilors), and the Sangguniang Kabataan (SK) Chairperson as an ex-officio member. Barangay Kagawads play a crucial role in enacting ordinances, approving budgets, and addressing community concerns, making their positions vital for local governance.

The death of a Barangay Kagawad creates a permanent vacancy in the Sangguniang Barangay, which must be filled to ensure continuity in local operations. The rules governing such succession are primarily outlined in the Local Government Code of 1991 (Republic Act No. 7160, or LGC), which provides a framework for handling vacancies in elective local positions. This article comprehensively explores these rules, including the legal basis, procedures, qualifications, and related considerations, all within the Philippine context. It emphasizes the non-partisan nature of barangay elections and the emphasis on maintaining democratic representation.

Legal Basis for Succession

The LGC establishes clear guidelines for vacancies in local elective offices, distinguishing between executive and legislative positions. For Barangay Kagawads, who are members of the Sangguniang Barangay (a legislative body), the relevant provisions fall under Sections 44 and 45 of the LGC. These sections address permanent vacancies, which include those caused by death.

Definition of Permanent Vacancy

Under Section 44 of the LGC, a permanent vacancy arises when an elective local official:

Fills a higher vacant elective office;
Refuses to assume office;
Fails to qualify;
Dies;
Is removed from office;
Voluntarily resigns; or
Suffers permanent incapacity to discharge the functions of the office.

Death unequivocally constitutes a permanent vacancy, triggering the succession process. This contrasts with temporary vacancies (e.g., due to illness or suspension), which are governed by different rules under Section 46 of the LGC and do not involve replacement but rather designation of an acting official.

Key Provisions on Succession

Section 45 of the LGC specifically governs permanent vacancies in the Sanggunian, including the Sangguniang Barangay. The pertinent subsections are as follows:

Section 45(a)(3): Permanent vacancies in the Sangguniang Barangay (where automatic succession does not apply) shall be filled by appointment made by the city or municipal mayor, upon the recommendation of the Sangguniang Barangay concerned.
Section 45(b): This subsection mandates that, except for the Sangguniang Barangay, the appointee must come from the same political party as the vacating member. However, it explicitly excludes the Sangguniang Barangay from this requirement, reflecting the non-partisan nature of barangay elections under Section 389 of the LGC and the Omnibus Election Code (Batas Pambansa Blg. 881). Barangay officials run without political party affiliations, so no party nomination or certification is needed for appointments.
Section 45(d): Reinforces that for sanggunian members not belonging to any political party (which applies to all Barangay Kagawads), the local chief executive (city/municipal mayor) shall appoint a qualified person upon the recommendation of the sanggunian concerned.

These provisions ensure that the appointment process is collaborative, involving the remaining Sangguniang Barangay members in recommending a successor, while the mayor holds the final appointing authority.

It is worth noting that Section 44(b) provides for automatic succession in the case of the Punong Barangay's death: the highest-ranking Barangay Kagawad (based on the number of votes received in the last election) becomes the Punong Barangay. This, in turn, creates a vacancy in the Kagawad position, which is then filled via the appointment process under Section 45. Ties in ranking are resolved by drawing lots (Section 44(d)).

Procedure for Filling the Vacancy

The succession process for a deceased Barangay Kagawad is methodical and aims to minimize disruption to barangay operations. The steps are derived from the LGC and standard administrative practices:

Declaration of Vacancy: Upon the death of the Kagawad, the Punong Barangay or the remaining Sangguniang Barangay members notify the city or municipal mayor. The vacancy is officially recognized through a resolution by the Sangguniang Barangay or a certification from the local civil registrar confirming the death.
Recommendation by the Sangguniang Barangay: The remaining members of the Sangguniang Barangay convene to recommend a successor. Although the LGC does not explicitly mandate it, established practice (rooted in democratic principles) prioritizes recommending the candidate who received the next highest number of votes in the most recent barangay election but did not win a seat (e.g., the 8th placer in a field where the top 7 are elected). This ensures continuity of voter intent.
- If the next-in-line candidate declines or is disqualified, the Sangguniang Barangay may recommend the subsequent candidate (9th placer, and so on).
- In the absence of remaining unelected candidates from the last election (e.g., due to a small candidate pool or all having been appointed previously), the Sangguniang Barangay can recommend any qualified resident of the barangay.
Appointment by the Mayor: The city or municipal mayor reviews the recommendation and issues the appointment. The appointee must take an oath of office before the mayor or any authorized official (Section 50 of the LGC). The appointment is effective immediately upon issuance, and the successor serves only the unexpired term of the deceased Kagawad (Section 45(b)).
Notification and Assumption: The appointee assumes office upon oath-taking. The Department of the Interior and Local Government (DILG) is typically notified for record-keeping, and the Commission on Elections (COMELEC) may be informed if the vacancy affects electoral records.

The entire process should be expedited to avoid prolonged vacancies, as the Sangguniang Barangay requires a quorum (majority of members) to transact business (Section 53 of the LGC). There is no explicit time limit in the LGC for filling the vacancy, but undue delay could be grounds for administrative complaints.

Qualifications and Disqualifications of the Successor

The successor must meet the same qualifications as any elective barangay official under Section 389 of the LGC:

A Filipino citizen;
At least 18 years old on election day (though for appointment, age is assessed at the time of appointment);
Able to read and write Filipino or any local language/dialect;
A registered voter in the barangay; and
A resident of the barangay for at least one (1) year immediately preceding the appointment.

Disqualifications under Section 40 of the LGC apply, including:

Conviction by final judgment for an offense involving moral turpitude or punishable by one year or more of imprisonment;
Removal from office due to administrative cases;
Being a fugitive from justice; or
Permanent residency in a foreign country without renunciation.

Since barangay positions are non-partisan, no political affiliation is required or considered.

Special Considerations and Exceptions

Term of Service: The appointee serves only the unexpired portion of the term (typically three years for barangay officials under Section 43 of the LGC, as amended by Republic Act No. 10923, which synchronized barangay elections). If the vacancy occurs close to the end of the term (e.g., within months of the next election), the position may remain vacant in practice, though the LGC does not prohibit filling it.
Multiple Vacancies: If multiple Kagawad positions become vacant simultaneously (e.g., due to a tragedy affecting several members), each is filled separately following the same procedure. However, if vacancies reduce the council below quorum, the mayor may designate temporary acting members under Section 46 until appointments are made.
Refusal or Ineligibility of Next-in-Line: If the recommended candidate (e.g., the 8th placer) refuses or is found ineligible, the process iterates to the next candidate. If no eligible candidates remain from the election, the Sangguniang Barangay has discretion to recommend any qualified barangay resident, ensuring the appointee aligns with community needs.
Impact on Barangay Operations: During the vacancy, the remaining Kagawads continue duties. Committees (e.g., on peace and order, appropriations) may be reorganized via resolution.
Related Laws: The Omnibus Election Code supplements the LGC by emphasizing that barangay elections are non-partisan and that vote rankings from the last election guide successions in multi-seat positions. Additionally, Republic Act No. 10742 (Sangguniang Kabataan Reform Act) governs SK-related vacancies but does not directly affect Kagawad positions.
Administrative Oversight: The DILG provides oversight and may issue memoranda clarifying procedures. Violations, such as appointing without recommendation or ignoring qualifications, can lead to administrative sanctions under the LGC's disciplinary provisions (Sections 60-68).

Conclusion

The succession rules for a deceased Barangay Kagawad under the Local Government Code prioritize swift, democratic, and non-partisan replacement to uphold local governance integrity. By empowering the Sangguniang Barangay to recommend and the mayor to appoint, the process balances community input with executive authority. While the LGC provides a robust framework, practical implementation often relies on electoral vote rankings to honor voter will. Understanding these rules ensures barangays remain functional and responsive, reinforcing the decentralized spirit of Philippine local government. For specific cases, consulting the DILG or legal experts is advisable to address nuances not explicitly covered in the Code.