3

There is permanent vacancy in the office of the Punong Barangay if any of the
following situations exist:

Refusal to assume office

Part Three 1
Failure to qualify
2
Death
3
Removal from office
4
VACANCIES, SUCCESSIONS AND Voluntary resignation
5
DISCIPLINARY ACTIONS Permanent incapacity to discharge the
funtions of the office.
6

The vacancy is filled up in the following manner:

By the member of the Sangguniang Barangay who

obtained the highest number of votes.

If the member obtaining the highest number of votes

refuses to assume office, voluntarily resigns or is
permanently incapacitated to perform the function of his
office, the member obtaining the next highest number of
votes shall assume the position of Punong Barangay.
In case a tie exists between or among the highest-ranking Sanggunian members,
21/ drawing of lots is resorted to. The successor shall serve for the unexpired term of the
vacancy. 22/
PERMANENT
VACANCY
 If a permanent vacancy occurs in the Sangguniang Barangay and the rule of
succession does not apply, the municipal mayor shall appoint a qualified nominee, duly
recommended by the Sangguniang Barangay concerned.
TEMPORARY
VACANCY
When the Punong Barangay is temporarily incapacitated to perform his duties due
to physical or legal reasons such as, but not limited to, leave of absence, travel abroad and
suspension from office, the member of the Sangguniang Barangay who obtained the
highest number of votes in the last elections shall exercise the powers, duties and functions
of the Punong Barangay.
Within 30 working days of such incapacity, the acting Punong Barangay is
prohibited to appoint, suspend or dismiss barangay employees.
RESIGNATIO
N Abuse of authority or the application of one's authority for selfish
Resignation of the Punong Barangay shall be deemed effective only upon
acceptance by the municipal mayor. Said resignation is deemed effective if not acted upon
within 15 working days from receipt thereof.
Resignation of Sangguniang Barangay members shall be deemed effective only
upon acceptance by the Sangguniang Barangay. Said resignation is deemed accepted upon
presentation before an open session and duly entered in the records of the sanggunian
concerned.
23/
DISCIPLINARY
ACTIONS
An elective barangay official may be suspended or removed from office on any of
the following causes:
1 Disloyalty to the Republic of the Philippines.
2 Culpable violation of the Constitution.
Dishonesty, oppression, misconduct in office, gross negligence,
3 or dereliction of duty.
Commission of any offense involving moral turpitude which are
4 acts contrary to justice, honesty, modesty or good morals,
whether or not such acts are punishable by law.
Commission of an offense punishable by at least prison mayor
5 which is from 6 years and 1 day to 12 years imprisonment.
6
or malicious reasons and in a manner repulsive to decency.
Unauthorized absence for 15 consecutive working days, in the
7 case of the punong barangay, and 4 consecutive sessions in the
case of members of the sangguniang barangay.
Application for, or acquisition of, foreign citizenship or residence
8 or the status of an immigrant of another country.
9 Such other grounds as may be provided by law.
24/
PROCEDURE IN FILING A
COMPLAINT
 A barangay official against whom a case has been filed with the Sangguniang
Bayan has the following rights:
Any person may file a verified complaint stating
any of the above grounds against a particular
barangay official before the Sangguniang Bayan to þ To appear and defend himself in person or through a lawyer
which the barangay belongs.
þ To confront and cross examine the witnesses against him

Within seven days after the complaint is þ To require attendance of documentary evidence in his favor through subpoena
filed, the Sangguniang Bayan shall or subpoena duces tecum.
require the respondent to submit his
verified answer within fifteen days from
receipt of notice.

EFFECTS OF SUSPENSION &

Failure of the respondent to file his REMOVAL
answer shall be considered a
waiver of his right.
A barangay official who is suspended from office cannot receive his salary
pending an investigation and during the period of suspension. In case he is exonerated and
reinstated to his position, he is entitled to his full compensation including other
emoluments during his period of suspension. A barangay official cannot be suspended
PROCEDURE OF THE SB longer than his unexpired term and he can run again in an election, provided that he meets
INVESTIGATION the qualification required by the office.

1 2
Within ten days after
receipt of the answer of
the respondent, the
Sangguniang Bayan will
commence the hearing
and investigation of the
case.
A barangay official who has been removed from office cannot run again in an
3 election.
The sanggunian concerned
The investigation of
shall, within 30 days after the
the case is
end of the investigation, render
terminated within 90
the decision in writing stating
days from the start of
purely and distinctly, the facts
the investigation.
and reasons for such decision.

4 5
The decision of the
The respondent, the Sangguniang Bayan may
complainant and all be appealed, within 30
interested parties shall be days, to the Sangguniang
furnished copies of the Panlalawigan.
decision. 26/
PREVENTIVE
25/ SUSPENSION
RIGHTS OF THE
RESPONDENT
 Preventive suspension of a barangay official is imposed at any time after the
respondent filed his verified answer, if any of the following exist:
þ When the evidence of the guilt is strong
þ When the gravity of the offense warrants
þ After the expiration of publication period, the Comelec or its duly authorized
þ When the continuance in office of the respondent could influence the witness
and pose a threat to the safety and integrity of the records and other
evidences.
þ The Comelec or its duly authorized representative shall cause the publication
of the petition in a public place which can be readily seen by the residents
for a period of not less than 10 days nor more than 20 days, for the
purpose of verifying the authenticity and genuineness of the petition and the
required percentage of voters.
representative shall announce the acceptance of candidates to the position.
The Comelec shall set the election, which shall not be later than 30 days after
the filing of the resolution or petition for recall.

The municipal mayor is the official authorized to impose preventive suspension.
No preventive suspension shall last for more than 60 days. If after the expiration of the 60-
day period the investigation is not yet finished, the barangay official shall be deemed
reinstated in office without prejudice to the continuation of the proceedings against him. If
the delay in the completion of the investigation is due to the fault, neglect or request of the
respondent, the time of the delay shall not be counted in computing the time of suspension.
A barangay official cannot be investigated and preventively suspended within 90
days immediately prior to an election. If a preventive suspension has been imposed prior to
the 90-day period, it shall be deemed automatically lifted upon the start of the aforesaid
period.
þ After the election shall have been held on the date fixed by the Comelec,
the winner shall be certified and proclaimed by Comelec.
The recall shall be effective only upon the election and proclamation of a
successor in the person of the candidate who received the highest number of votes cast
during the recall election. If the official sought to be recalled received the highest number
of votes, he shall continue to hold office because confidence in him is affirmed.
An elective barangay official may be recalled only once during his term of office.
No recall shall take place within one year from the date the official assumed office and
within one year immediately preceding a regular election.

POWER OF
RECALL

Recall is the process by which an elective barangay official may be removed from
office, for loss of confidence, by the electorate. The power of recall is exercised in the
following manner:

þ At least 25% of the registered voters of the barangay, based on the election in
which the official to be recalled was elected, shall sign a petition for recall of 28/
a particular elective barangay official.

þ Such petition shall be duly signed before the Election Registrar or his
27/ duly
authorized representative, in the presence of a representative of the
petitioner and a representative of the official sought to be recalled, and in a
public place in the barangay.

þ Such petition shall be filed with the Comelec through the Municipal Election
Registrar.