Based on the Local Government Code.

Section 44. (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.

Section 45. Permanent Vacancies in the Sanggunian. -

(a) Permanent vacancies in the sanggunian where automatic succession provided above
do not apply shall be filled by appointment in the following manner

Xxx xxx xxx xxx xxx xxx xxx xxx xxx

(3) The city or municipal mayor, in the case of sangguniang barangay, upon
recommendation of the sangguniang barangay concerned.

The mayor is vested with the power to appoint a Sangguniang Barangay Member to fill up in
case a permanent vacancy occurs in the Sangguniang Barangay. Such power to appoint, is
subject to the requirement of recommendation from the Sangguniang Barangay where the
vacancy occurred.

a. Rule of succession and filling up of permanent vacancies in the sangguniang barangay;

b. Distinction between elective and appointive officials; and

c. Ranking of appointed sangguniang barangay members (number 1 or number 7).

In reply thereto, please be informed that a permanent vacancy arises when an elective 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 (Sec. 44, RA 7160).

If a permanent vacancy occurs in the office of the punong barangay, the highest ranking
sangguniang barangay member or, in case of his permanent inability, the second highest
ranking sanggunian member, shall become the punong barangay (Sec. 44 [b], RA 7160). The
subsequent vacancies therein shall be filled up by succession by the other sanggunian members
according to their ranking.

The resulting vacancy in the sangguniang barangay where the rule of succession is no
longer applicable (referring to the number seven position) shall be filled up by appointment
to be issued by the municipal mayor upon the recommendation of the sangguniang
barangay concerned (Sec. 45 (a) (3) of the Local Government Code).
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As to the distinction between elective and appointive officials, an elective official is one who
acquired official relations to his office by way of election while appointive official is one who
acquired official relation to his office by way of appointment in accordance with law. Elective
positions are thus occupied by elective officials. However, there are elective positions where the
law mandates that the same be filled up by appointment in case of vacancy therein. An example
of that is the appointment of a sanggunian member to fill up a permanent vacancy in the
sanggunian as provided for Section 45 of the Local Government Code. In such case, though the
replacement acquired his official relation to the office through appointment, he is considered as
an elective official because he is occupying an elective position/office.

With respect to the query on ranking, please be advised that the sangguniang barangay kagawad
appointed pursuant to Section 45 (a) (3) of the Local Government Code shall occupy the number
seven position. This is evident from the opening statement of Section 45, Ibid, which vests unto
the enumerated appointing authorities therein the power to appoint a sanggunian member only
when the law of succession does not apply. This means that since the vacancy in the office of the
punong barangay shall be filled up through succession by the highest ranking sangguniang
barangay member and the subsequent vacancies thereon to be filled up also by succession by the
other sangguniang barangay members according to their ranking, the power to appoint a
replacement in the sangguniang barangay pertains only to the number seven position because it is
in the latter position that the rule of succession can no longer apply, there being nobody to
succeed anymore.

From the said provision, it is clear that the city or municipal mayor is the one vested with the
power to appoint a Sangguniang Barangay Member to fill up a permanent vacancy in the
Sangguniang Barangay. Such power to appoint, however, is subject to the requirement of
recommendation from the Sangguniang Barangay where the vacancy occurred. Please note
however, that the law does not specifically provide for a particular form by which the
recommendation of the Sangguniang Barangay concerned has to be expressed. Measures enacted
by Sanggunians, including the Sangguniang Barangay for that matter, could either be in the form
of an ordinance or a resolution. An ordinance has been defined as that measure enacted by the
Sanggunian which provides for a permanent rule of conduct within its territorial jurisdiction. On
the other hand, a resolution is one enacted by the Sanggunian translating its expression of
opinions, views or sentiments. Generally, therefore, since a recommendation is an expression
of opinion and sentiment of the Sanggunian, the same has to be done in the form of a resolution.
As to the manner on how the decision of whom to recommend was made, strict compliance with
their IRP may not be required, because the sanggunian council may decide among them the
process of selection. Thus, where the resolution recommending the appointment of the new
Barangay Kagawad is a joint and collective action of the Sanggunian thru a vote of majority by
the members present there being a quorum, the same would already be a substantial compliance
on the requirement of recommendation as mandated under the Local Government Code. The
right to abstain of a member of the sanggunian cannot be restrained. The right to abstain from
voting for a position deserves the same respect as the exercise of the right to vote.(G.R. No.
105214 August 30, 1993, CARAM vs COMELEC et al.)

The Mayor should not refuse an appointment when the recommendee possesses all the
qualifications and none of the disqualifications. Any withholding on the part of the mayor
may be considered whimsical, arbitrary, and unjustifiable and will thus be tantamount to
abuse of authority. Should there be objections, the Mayor should put them in writing citing
clearly the basis of his objections thereto. Thus, in case of inaction, by the Mayor, without any
explanations in writing to the members of the Sangguniang Barangay, then the Sangguniang
Barangay Members may file a petition for Mandamus in the Court of general jurisdiction in
order to compel the Mayor to act on the matter.