an the DILG appoint a Barangay Kagawad in view of the demise of one of the members of a Sanggunian barangay?

The DILG Legal Service, in order to reply to the said query, referred to Section 45 (a) (3) of the Local Government Code of 1991 which provides for the proper procedures in filling up permanent vacancies in the Sanggunian

“Section 45 (a) (3) - Permanent vacancies in the Sanggunian where automatic succession provided above (Section 44) do not apply shall be filled by appointment in the following manner:

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

This legal basis led the Legal Service to conclude that the DILG has no authority to appoint a kagawad in a barangay.

Moreover, the Legal Service made it clear that the appointing authority to fill up vacancies in the Sanggunian barangay is the city / municipality mayor subject to the recommendation of the Sanggunian Barangay where the vacancy occurred.”

(Source: Legal Opinion, DILG NEWS DIGEST, Aug. 2007). (BPC)