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Endorsement of Documentary Requirements for Application to Fill Permanent Vacancies in the Sanggunian

Pursuant to Section 45, Chapter 2, Book I of Republic Act No. 7160 or the Local Government Code of 1991, and Article 83, Rule XIV of the Rules and Regulations Implementing the same code, permanent vacancies in the Sanggunian where automatic successions under Section 44 do not apply shall be filled by appointment in the following manner: 

(1) 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) The Governor, in the case of the Sangguniang Panlungsod of component cities and the Sangguniang bayan;  

(3) The city or municipal Mayor, in the case of Sangguniang Barangay, upon recommendation of the Sangguniang Barangay concerned. 

Documentary Requirements for Application to Fill Permanent Vacancies in the Sanggunian (Original or certified true copies) 

For Sanguniang Barangay

1. Any document that shows the Sangguniang Barangay's collegial act

2. Other documents (as the case may be):

• Death certificate of the former local official

• Resignation Letter of former local official (accepted by appropriate official according to section 82 of the LGC)

• Other pertinent documents

The required documents shall be submitted to the concerned City or Municipal Mayor.

For Sangguniang Panlungsod of Component Cities and/or Sangguniang Bayan 

1. Duly accomplished Personal Data Sheet of the nominee using Civil Service Form No. 212 (revised 2017)

2. Other documents (as the case may be):

• Death certificate of the former local official

• Resignation Letter of former local official (accepted by appropriate official according to section 82 of the LGC)

• Other pertinent documents

Where the Permanent Vacancy is Caused by a Sangunian Member Belonging to a Political Party:

3. Certificate of Nomination and Acceptance of the nominee from the political party under which the former Sangguniang Panlungsod/Bayan member had been elected. It must be signed by the highest official of the political party, who is the national chairperson of the same.

4. Certificate of Membership of the nominee. The same shall also be signed by the highest official of the said political party

Where the Vacancy is Caused by a Sanggunian Member Not Belonging to a Political Party

3. Any document that shows the Sangguniang Panlungsod or Sangguniang Bayan's collegial act; 

The required documents shall be submitted to the concerned Governor.

For Sangguniang Panlalawigan or Sangguniang Panlungsod of Highly Urbanized Cities and Independent Component Cities 

1. Duly accomplished Personal Data Sheet of the nominee using Civil Service Form No. 212 (Revised 2017); 

2. Certificate of Residency of the nominee;

3. Voter certification of the nominee from the COMELEC;

4. Other documents (as the case may be):

• Death Certificate of former SP Member

• Resignation Letter of former SP Member (accepted by appropriate official according to section 82 of the LGC)

• Other pertinent document

Where the Permanent Vacancy is caused by a Sangunian Member Belonging to a Political Party:

5. Certificate of Nomination and Acceptance of the nominee from the political party under which the former Sangguniang Panlalawigan or Panlungsod Member had been elected. It must be signed by the highest official of the political party, who is also the party's national chairperson;

6. Certificate of Membership of the nominee. The same shall also be signed by the highest official of the said political party;

7. Certificate of Candidacy of the former Sangguniang Panlalawigan or Panlungsod Member, as certified by the COMELEC reflecting the political party he was under;

Where the Vacancy is Caused by a Sanggunian Member Not Belonging to a Political Party

5. Any document that shows the Sangguniang Panlalawigan or Sangguniang Panlungsod’s collegial act;

The required documents shall be submitted to the concerned Regional Director of the Department of the Interior and Local Government, who is authorized to ascertain and certify the authenticity of all the documents presented and to transmit the same, within 15 working days, to the Secretary of the Interior and Local Government, through the Director of the Bureau of Local Government Supervision.

Upon determination that the nomination is in full compliance with the administrative and documentary requirements as prescribed, the Secretary of the Interior and Local Government shall transmit the same within 30 days, together with his recommendation, to the Office of the President.

Note: The following documents must be submitted to the DILG Regional Office once an appointment has already been issued.

1. Appointment issued by the Local Chief Executive or the President;

2. Oath of Office of the appointed official; and 

3. A duly accomplished Elective Local Official’s Personal Data Sheet (ELOPDS).

Legal Bases / References

1. Section 45 of the Local Code of 1991

2. Article 83 of the Implementing Rules Regulations of the Local Code of 1991

3. Presidential Memorandum Circular No. 151 dated March 25, 1992

4. G.R. No. 116763 G.R. No. 116763 April 19, 1996 - GOVERNOR RODOLFO C. FARIÑAS and AL NACINO, petitioners, vs. MAYOR ANGELO N. BARBA, VICE MAYOR MANUEL S. HERNANDO and EDWARD PALAFOX, respondents

5. Presidential Memorandum Circular No. 126 dated December 6, 2006

6. DILG Legal Opinion No. 08 S.2019  Request for an opinion on the manner of filling-up the position in the Sangguniang Bayan of San Ricardo, Southern Leyte

7. Bureau of Local Government Supervision Letter to DILG Region 10 dated December 17, 2018 

8. Advisory dated June 20, 2023 Reiteration of Guidelines on the Filling-up of Permanent Vacancies in the Sangguniang Panlalawigan, Sangguniang Panlungsod (HUC/ICC), and the Sangguniang Bayan of Pateros