LGU ELECTIVE
OFFICIALS
Vacancies and Succession
Vacancy
• Vacancy defined: Vacancy is an unoccupied position or office.
• Vacancy is either permanent or temporary.
Permanent Vacancy
• Permanent vacancy arises when an incumbent elective local official
fills a higher vacant office, refuses to assume office, fails to qualify,
dies, is removed from office, voluntarily resigns, or is otherwise
permanently incapacitated to discharge the functions of his office.
Filling of Permanent Vacancy
• Automatic Succession in the following:
• Permanent Vacancy in the Office of the Governor/Mayor – the Vice
Governor/Vice Mayor shall become the Governor/Mayor.
• Permanent Vacancy in the Office of the Vice Governor/Vice Mayor – the
highest ranking Sanggunian Member shall become the Vice Governor/Vice
Mayor
• Permanent Vacancy in the Offices of the Governor and Vice Governor or the
Mayor and the Vice Mayor – the highest ranking Sanggunian Member shall
become the Governor/Mayor and the second highest ranking Sanggunian
Member shall become the Vice Governor/Vice Mayor. Subsequent vacancies
in the said office shall be filled automatically by the other Sanggunian
members according to their ranking.
Filling of Permanent Vacancy
• Determination of Ranking:
• On the basis of the proportion of votes obtained by each winning candidate
to the total number of registered voters. For LGUs with single Sanggunian
districts, e.g. municipalities, ranking is determined by the number of votes
obtained by the winning candidates.
• The authority to determine the ranking of the winning candidates for the
Sanggunian belongs to the Commission on Elections.
• In case of tie, the same shall be resolved by drawing of lots.
Filling of Permanent Vacancy
• Permanent vacancy in the office of the Punong Barangay – the highest
ranking Sangguniang Barangay member, or in case of his permanent
inability, the second highest sanggunian member, shall become the
Punong Barangay.
Filling of Permanent Vacancy in the
Sanggunian
• Permanent vacancy in the Sanggunian shall be filled up by
appointment in the following manner:
• 1. By the President, through the Executive Secretary, in the case of the
Sangguniang Panlalawigan and the Sangguniang Panlungsod of highly
urbanized cities and independent component cities;
• 2. By the Governor, in the case of the Sanguniang Panlungsod of component
cities and the Sangguniang Bayan;
• 3. By the City or Municipal Mayor, in the Sangguniang Barangay, upon the
recommendation of the Sangguniang Barangay concerned.
Filling of Permanent Vacancy in the
Sanggunian
• Except for the Sangguniang Barangay, if the permanent vacancy in the
Sanggunian is caused by a member of a political party, the appointee shall
be nominated by such political party. A nomination and certificate of
membership of the appointee from the highest official of the political
party are conditions sine qua non.
• In case the permanent vacancy is caused by Sanggunian member who
does not belong to any political party, the appointing authority shall,
upon the recommendation of the sanggunian concerned, appoint a
qualified person to fill the vacancy
• In case of permanent vacancy in the SK and/or ABC (LnB), the next in rank
shall automatically fill the vacancy.
Filling of Permanent Vacancy – Term of
Office of Successors
• successor/appointee to the position due to permanent vacancy shall
serve the unexpired term of the vacated office.
Temporary Vacancy in the Office of the Local
Chief Executive
• The Local Government Code provides for the rules in filling temporary
vacancy in the office of the Local Chief Executive, but not for other
elective local positions. For the Vice Mayor/Vice Governor, the LGC
provides the rules in the Chapter on Local Legislation. For obvious
reasons, there is no provision of law regarding filling of temporary
vacancy in the office of Sanggunian members
Temporary Vacancy in the Office of the Local
Chief Executive
• There is temporary vacancy in the office of the Local Chief Executive
in case the LCEis temporarily incapacitated to perform his duties for
physical reason due to any of the following:
• Leave of absence
• Travel abroad
• Suspension from office
• Other instances
Temporary Vacancy in the Office of the Local
Chief Executive
• Who assumes the office of the LCE in case of temporary vacancy: - the
Vice Governor in the case of a province; the Vice Mayor in the case of
a city/municipality; the highest ranking Barangay Sanggunian member
in the case of a Barangay
• The only instance when the LCE may designate in writing a person
other than a Vice Governor/Vice Mayor/Highest Ranking Barangay
Sanggunian member as officer-in-charge is when the LCE is travelling
within the country outside the territorial jurisdiction of the LGU for a
period not exceeding three consecutive days
Temporary Vacancy in the Office of the Local
Chief Executive
• The Vice Governor/Vice Mayor/Highest Ranking Barangay Sanggunian
member shall serve as LCE in an acting capacity (Acting
Governor/Acting Mayor/Acting Punong Barangay) by operation of law
• The designation of a person other than the above-mentioned shall be
as officer in-charge made by the LCE in writing.
• A person in an acting capacity shall exercise all the ministerial and
discretionary functions of the office of the LCE, except the authority
to appoint, dismiss, or suspend employees which can only be
exercised if the temporary incapacity exceeds thirty (30) days.
Temporary Vacancy in the Office of the Local
Chief Executive
• An officer in-charge (OIC) shall only exercise the ministerial powers of
the Local Chief Executive confined to functions of administration and
ensuring that the office continues its usual activities.
• In case where the temporary incapacity of the LCE exceeds three
consecutive days where an OIC has been designated, the OIC shall
cease to function as such, and by operation of law, the Vice
Governor/Vice Mayor/Highest Ranking Barangay Sanggunian Member
shall assume the office of an Acting LCE.
Temporary Vacancy in the Office of the Local
Chief Executive
• The Vice Mayor in his capacity as Acting Mayor due to the temporary
incapacity of the Mayor, has the authority to solemnize marriage.
Reference: People vs. Bustamante, G.R. No. 11598, January 27, 1959
• Needless to say, an Officer In-Charge in the office of the Mayor has no
authority to solemnize marriage
