I. Overview

In the Philippine local government system, vacancies in elective local positions are generally filled by (a) automatic legal succession or (b) appointment, rather than by a new election. Special elections are the exception, typically arising only in narrowly defined situations such as recall and failure/postponement of elections.

Understanding which remedy applies requires careful attention to:

the kind of vacancy (permanent vs. temporary),
the office involved (local chief executive vs. sanggunian seat vs. barangay), and
the cause of the vacancy (death, resignation, disqualification, recall, suspension, etc.).

The primary legal sources are the 1987 Constitution, Republic Act No. 7160 (Local Government Code of 1991), and Batas Pambansa Blg. 881 (Omnibus Election Code), plus later statutes that adjust particular components (notably youth/Barangay-related reforms and election laws).

II. Key Concepts and Definitions

A. Elective local officials covered

Common elective local positions include:

Province: Governor, Vice-Governor, Sangguniang Panlalawigan members
City/Municipality: Mayor, Vice-Mayor, Sangguniang Panlungsod/Bayan members
Barangay: Punong Barangay, Sangguniang Barangay members
Youth representation: SK positions (governed by specialized laws as well as local government principles)

B. Permanent vs. temporary vacancy

Permanent vacancy exists when an official ceases to hold office and will not return to it for the remainder of the term (e.g., death, resignation accepted, removal, final disqualification, assumption to a higher office, permanent incapacity).

Temporary vacancy exists when the official is unable to perform the functions but retains title to the office (e.g., suspension, temporary incapacity, travel/absence with legally recognized acting arrangements).

Why this matters:

Permanent vacancies trigger succession (and sometimes appointment for council seats).
Temporary vacancies trigger acting capacity arrangements (not a permanent replacement).

III. Causes of Vacancy and When a Vacancy Legally “Exists”

A vacancy is not always instantaneous the moment a problem arises. In practice, you look for the point when the official is legally out and the office is legally unoccupied.

Common causes of permanent vacancy

Death
Resignation (effective upon acceptance by the proper authority and/or stated effective date)
Removal from office (final and executory)
Final judgment of disqualification (e.g., election disqualification that has become final)
Permanent incapacity
Assumption to another office (when the law deems the prior office vacated)
Other causes recognized by law (e.g., final conviction carrying accessory penalties that bar holding office)

Election contests, disqualification cases, and “vacancy”

If an official’s title is challenged (protest/disqualification), the practical question becomes whether:

the official is temporarily sitting pending final resolution, or
there is a final ruling that effectively removes the official (creating a permanent vacancy).

As a general rule in public office disputes, finality matters: many “removal-like” events only become vacancy-triggering once final and executory.

IV. Succession Rules for Permanent Vacancies (Local Chief Executives)

The Local Government Code adopts a strong policy of continuity of governance through automatic succession.

A. Province

Governor vacancy → Vice-Governor becomes Governor
Vice-Governor vacancy → Highest-ranking Sangguniang Panlalawigan member becomes Vice-Governor

B. City/Municipality

Mayor vacancy → Vice-Mayor becomes Mayor
Vice-Mayor vacancy → Highest-ranking Sanggunian member becomes Vice-Mayor
- For cities: from the Sangguniang Panlungsod
- For municipalitiesresidentio: from the Sangguniang Bayan

C. Barangay

Punong Barangay vacancy → Highest-ranking Sangguniang Barangay member becomes Punong Barangay
Vacancies in the Sangguniang Barangay are usually addressed by appointment mechanisms (discussed below), rather than a special election.

D. “Highest-ranking” member: how ranking is determined

Ranking is commonly based on:

number of votes obtained in the last election for that position; and
where relevant, tie-breaking methods recognized in election rules.

This ranking is not a popularity concept; it is a legal order of preference.

E. Nature of succession

Succession is by operation of law, not by discretion.
The successor generally serves only the unexpired portion of the term.

V. Filling Vacancies in the Sanggunian (Council Seats): Appointment, Not Election

When the vacancy is in a sanggunian seat (provincial/city/municipal/barangay council), the Local Government Code generally uses appointment—not a special election—to fill the seat.

A. The party-replacement principle (general rule)

If the vacant sanggunian seat belonged to a member affiliated with a political party, the replacement is typically:

nominated by that political party (often through a list of nominees), and
appointed by the proper appointing authority (varies by level and specific position).

This system aims to respect the electoral choice reflected in party representation.

B. If the member was independent or party action is unavailable

If the prior member was independent, or if party nomination mechanisms fail, appointment typically proceeds under fallback rules requiring that:

the appointee is qualified for the position; and
the appointment complies with statutory requirements.

C. Constitutional constraint: losing candidates

The Constitution includes a rule that a candidate who lost in an election cannot be appointed to a government office within one year after that election (subject to the scope of the constitutional provision and how it applies to the position). This can limit the pool of eligible appointees when vacancies occur soon after elections.

D. Why there is usually no special election for sanggunian seats

Philippine local governance favors:

stability,
cost containment, and
continuity of legislative operations,

by using appointment and succession rather than frequent elections for midterm vacancies.

VI. Temporary Vacancies: Acting Arrangements, Not Succession

Temporary vacancies do not remove the official from office; they only prevent performance of functions.

A. Local chief executive temporarily unable to serve

Common scenarios:

Temporary incapacity (medical, etc.)
Suspension
Temporary absence/travel under rules that allow designation of an officer-in-charge (OIC) for limited circumstances

B. Who acts during a temporary vacancy

Typically, the vice (vice-governor/vice-mayor) acts as local chief executive if the law so provides, especially in cases of incapacity or suspension.
For short absences where allowed, the local chief executive may designate an OIC from among local officials, subject to legal conditions.

C. Acting authority vs. permanent replacement

An acting official:

exercises the powers temporarily, and
does not permanently assume the office unless a permanent vacancy occurs.

VII. When Special Elections Are Required (and When They Are Not)

A. The core principle

Vacancies in local elective offices do not automatically require a special election. They are ordinarily filled through:

automatic succession (local chief executive and vice positions), or
appointment (sanggunian seats and certain barangay situations).

Special elections are required only when the law specifically mandates them.

VIII. The Main Situations That Can Trigger Special Elections

1) Recall Elections (Local Government Code)

A recall is a mechanism by which registered voters remove an elective local official before the end of the term, through a special election.

A. What recall is (in effect)

It is not a vacancy-filling election after an official leaves.
It is a removal-and-replacement process initiated by the electorate.

B. Who can be recalled

Elective local officials (local chief executives and members of local sanggunian), subject to statutory limits and procedural requirements.

C. Timing limitations (conceptual)

Recall is generally restricted:

soon after assumption (to prevent immediate destabilization), and
too close to the next regular local election (to avoid redundancy and abuse).

D. How recall is initiated (general structure)

Modern recall practice primarily uses a petition-based process by a required percentage of registered voters (details depend on prevailing statutory amendments and COMELEC rules).

E. COMELEC’s role

The Commission on Elections:

verifies petition compliance,
sets the recall election date,
conducts the recall election.

Result: The recall election is the clearest example of a true special election tied to local officials.

2) Failure of Elections / Postponement of Elections (Omnibus Election Code)

A special election may be held when a scheduled election does not produce a valid outcome due to:

violence, terrorism, loss/destruction of election paraphernalia,
force majeure,
other analogous causes resulting in failure to elect.

In those cases, COMELEC may call a special election for the affected locality.

Key point: this is not primarily about “vacancy midterm.” It is about the electoral process breaking down such that officials were not validly chosen.

3) Special elections incident to extraordinary electoral events

Other COMELEC-supervised events may resemble special elections in function, such as:

elections in newly created or reorganized political units when enabling laws and transition provisions require it, or
other election-law situations where the regular schedule is legally displaced.

But for standard local vacancy events (death/resignation/removal), succession/appointment remains the default, not a special election.

IX. Situations Commonly Mistaken as Requiring Special Elections (But Usually Do Not)

A. Death or resignation of a mayor/governor

No special election is ordinarily required. The vice succeeds automatically.

B. Permanent vacancy in the vice-mayor/vice-governor post

No special election is ordinarily required. The highest-ranking sanggunian member assumes.

C. Vacancy in a sanggunian seat

No special election is ordinarily required. The seat is usually filled by appointment guided by the party-replacement principle.

D. Suspension of a local official

Suspension creates a temporary vacancy; it does not trigger a special election.

X. Practical Decision Guide

Step 1: Identify the office

Local chief executive (governor/mayor/punong barangay)?
Vice local chief executive?
Sanggunian member?

Step 2: Identify vacancy type

Permanent (won’t return)? → go to succession/appointment rules
Temporary (will return)? → acting rules

Step 3: Ask whether the election system itself failed

Failure/postponement of elections? → COMELEC special election may apply
Recall initiated and validated? → recall election (special election)

Step 4: Default rule

If it’s an ordinary midterm vacancy event:

Succession for executive/vice posts
Appointment for council seats
No special election unless a specific election-law ground exists

XI. Compliance and Documentation in Real-World Practice

When vacancies occur, legal correctness often depends on paperwork and formal acts:

A. Resignations

Must be in writing, addressed to the proper authority.
Acceptance and effectivity must align with legal rules.

B. Assumption and oath

A successor typically:

takes an oath of office, and
is recognized for payroll, authority, and official acts.

C. Appointments to sanggunian seats

Must comply with nomination rules, party rules (when applicable), and constitutional restrictions.
Must confirm the appointee’s qualifications and absence of disqualifications.

D. Coordination among institutions

DILG guidance may be relevant administratively (without overriding the law).
COMELEC jurisdiction is central when the matter concerns elections, recall, or failure of elections.

XII. Bottom Line

Most local vacancies do not require special elections. The Philippines generally uses succession (for local chief executives and their vice positions) and appointment (for sanggunian seats).
Special elections are chiefly required in these local-official contexts:
- Recall elections, and
- Failure/postponement of elections (COMELEC-called special elections).
If the question is “A mayor died/resigned/was removed—do we hold a special election?” the usual legal answer is: No. The vice succeeds; the system prioritizes continuity.

If you want, I can also provide:

a one-page flowchart version for quick reference, or
separate sections per level (province/city/municipality/barangay/SK) in checklist format for practitioners.