Sir,
Perhaps you should better use the proper terminology as used under the law. Instead of barangay counilor, why not use Sangguniang Pambarangay? Punong Barangay in place of barangay chairman. Aside from being the proper legal terms, it also adds a streak of nationalism is it not?
Anyway, yes you are quite correct that when the punong barangay is elected into the sannguniang bayan or panlungsod,it is a member of the sangguniang barangay that shall assume as punong barangay. But please take note that it is not technically correct to say No. 1 sangguniang barangay, bayan, panlungsod, or panlalawigan.
[justify]Republic Act No. 7160 otherwise known as the Local Government Code of 1991 provides for the rule regarding permanent vacancy in the Office of the Punong Barangay, thus:
SEC. 44. Permanent vacancies in the Offices of the Governor, Vice-Governor, Mayor, and Vice-Mayor. – If a permanent vacancy occurs in the office of the governor or mayor, the vice-governor or vice-mayor concerned shall become the governor or mayor. If a permanent vacancy occurs in the offices of the governor, vice-governor, mayor, or vice-mayor, the highest ranking sanggunian member or, in the case of his permanent inability, the second highest ranking sanggunian member, shall become the governor, vice-governor, mayor or vice-mayor, as the case may be. Subsequent vacancies in the said office shall be filled automatically by the other sanggunian members according to their ranking as defined herein.
(b) If a permanent vacancy occurs in the office of the punong barangay member, the highest ranking sangguniang barangay member, or in the case of his permanent disability, the second highest ranking sanggunian member, shall become the punong barangay.
(c) A tie between or among the highest ranking sanggunian members shall be resolved by the drawing of lots.
(d) The successors as defined herein shall serve only the unexpired terms of their predecessors.
For purposes of this Chapter, a permanent vacancy arises when an elective local 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.
For purposes of succession as provided in this Chapter, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election. (Hence, there is no such term as number 1 or number 2 sanggunian)
Anent your query on whether you can be appointed as sangguninang pambarangay and who should be pointing you, this is answered by Section 45 (c) of same law above-mentioned, to wit:
SEC. 45. Permanent Vacancies in the Sanggunian. –
(a) x x x
(b) x x x
(c) In case the permanent vacancy is caused by a sanggunian member who does not belong to any political party, the local chief executive shall, upon recommendation of the sanggunian concerned, appoint a qualified person to fill the vacancy.
The above-provision mentioned of a "sangguniang member who does not belong to any political party." This sanggunian only refers to a sangguninag pambarangay the reason is that members of the thereof are not allowed to have party affiliations.The "local chief executive" also mentioned as appointing authority refers to the Mayor. To capsulize, any vacancy in the Sanggunian Barangay caused by the cessation from office of a its member must be made by the mayor upon the recommendation of that said sanggunian.
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