Section 17Sec./Art. 17

Vacancy in Elective Provincial, Sub-provincial, City, Municipal or Municipal District Office. - In case of a permanent vacancy in a provincial, sub-provincial, city, municipal or municipal district office, the officer next in rank shall assume the vacant office for the unexpired term: Provided, That such officer meets all requirements for the office.

Should the local officer-elect die before assumption of office or fail to qualify, the officer-elect next in rank shall assume said office, but in the latter case he shall hold office only until the officer-elect qualifies.

In the event of temporary incapacity of a local officer to perform the duties of his office on account of effective absence, sickness, suspension or any other temporary incapacity, the officer next in rank shall perform the duties and exercise the powers of the officer temporarily incapacitated, except the power to appoint, suspend or dismiss employees: Provided, That in the event said temporary incapacity or disability exceeds six months, the official assuming said office shall exercise all the prerogatives and powers appurtenant thereto.

Succeeding vacancies occurring as a consequence of the succession of the officer next in rank shall likewise be filled by their corresponding officers next in rank. If for some reason, the officer next in rank is incapacitated from assuming the office or refuses to assume said office, the officer next in rank to him shall assume the vacant office.

In case of vacancies occurring in the lowest rank in the office or board or council member, said vacancy shall be filled by appointment upon recommendation of the political party of the board or council member who caused the first vacancy which gave rise to the last vacancy through succession by rank: Provided, That said appointee meets all the qualifications for the office.

For the purpose of this section, the ranking among local officers shall be as follows: governor, vice-governor, and members of the provincial board, in case of provinces: mayor, vice-mayor, and councilors, in case of cities, municipalities and municipal districts: Provided, That among the board or council members, the ranking shall be based on the number of votes or proportion of votes obtained in the next preceding local elections: Provided, further, That in case of a tie, the provisions of this Code thereon shall apply.

The person filling a temporary vacancy in accordance with this section shall hold the same until the permanent officer concerned assumes office, and in case of permanent vacancy or special election, for the unexpired term of the office.