Dear PAO,

Our hardworking barangay chairperson is contemplating stepping down from his position. He has been serving our barangay ever since he was a tanod when he was still in his 20s. Now a senior citizen, he said that while he feels fulfilled, he is already tired and will definitely resign if the elections will be postponed anew.

In the event that our barangay chairperson resigns, who will replace him?

Bambito

Dear Bambito,

Republic Act (RA) 7160, also known as the Local Government Code, provides for the rules in case of vacancy and succession in local elective positions.

Under Section 44 of RA 7160, a permanent vacancy arises when an 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.

With respect to a permanent vacancy in the office of the barangay chairperson or punong barangay, the following rules shall apply:

“Section 44. Permanent Vacancies in the Offices of the Governor, Mayor and Vice-Mayor. –

(a) x x x

(b) If a permanent vacancy occurs in the office of the punong barangay, the highest ranking sanggunian barangay member or, in case of his permanent inability, the second-highest ranking sanggunian member, shall become the punong barangay. x x x

For purposes of succession as provided in this Chapter, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election.”

To answer your question, if your punong barangay resigns from his position, it is the highest-ranking sangguniang barangay member who will succeed as the punong barangay. In case of the permanent inability of the highest-ranking sanggunian barangay member, the second highest-ranking sanggunian member will take over as the punong barangay.

Now, to determine the ranking of the sanggunian barangay members, the same shall be based on the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election.

Following this rule, the Commission on Elections came up with the following ranking of the top three sanggunian members from the province of Albay in the case of Juan D. Victoria vs. The Commission on Elections and Jesus James Calisin (GR 109005, Jan. 10, 1994, penned by Honorable Associate Justice Camilo Quiason):

Jesus Calisin garnered 28,335 votes out of 130,038 registered voters in his district, achieving a 21.78 percent vote share. Juan Victoria and Jesus Marcellana received 32,918 and 26,030 votes in their respective districts, respectively, from a pool of 155,318 registered voters, translating to 21.19 percent and 16.76 percent vote shares.

In said case, the elected candidates were members of the sanggunian panlalawigan. Nonetheless, it is a good illustration of how ranking in the sanggunian barangay is determined.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].