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i ABOUT THE BARANGAY GOVERNANCE HANDBOOK The Barangay Governance Handbook is a comprehensive guide initiated by the Department of the Interior and Local Government (DILG) Central Luzon, through the Central Luzon Local Governance Regional Resource Center (CL-LGRRC), to fully equip Barangay and Sangguniang Kabataan Officials (BSKOs) with the knowledge, skills, and resources needed to effectively fulfill their roles and responsibilities as leaders. Aligned with the DILG’s commitment of promoting excellence in local governance, transparency, accountability, and citizen participation at the grassroots level, this handbook shall serve as an essential reference for elected and appointed Barangay and SK Officials. It is with utmost importance that BSKOs should gain understanding in Barangay Governance and Legal Framework and Regulations. Hence, this handbook will cover the rights, duties, and limitations of BSKOs in compliance with legal and ethical standards. It consists of two books, which shall be intended for Barangay Officials and SK Officials, respectively. It will present efficient decision-making, conflict resolution, and financial management strategies that will help BSKOs develop effective leadership skills and shall provide insights on effective planning and implementation of development projects that address local concerns and improve the quality of life. Further, it will contain measures on transparency and accountability to further public trust, techniques on operative responses and measures to emergencies, natural disasters and other crises, and conflict resolution techniques in order to foster peace and harmony within the community. The Barangay Governance Handbook is intended for officials who are at the forefront of public service to contribute to the development of their community and create a positive impact. Complementary to DILG’s mandate of enabling progressive and inclusive communities, this handbook presents strategies to be adopted by BSKOs towards leveraging public awareness on issues concerning equality and diversity in the community. It will be an effective tool to cultivate professional growth among elected and appointed officials and provide accessible resources to successfully engage in local governance. Through this handbook, the CL-LGRRC aims to further empower BSKOs towards the realization of a Matino, Mahusay, at Maaasahang Pamahalaang Lokal.
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iii MESSAGE FROM THE REGIONAL DIRECTOR Mabuhay! With great pride and enthusiasm, we introduce a valuable resource that has been meticulously crafted to help and empower Barangay and Sangguniang Kabataan Officials on their roles and responsibilities as local leaders – the Barangay Governance Handbook. The Department believes that excellence in local governance begins at the grassroots level and BSKOs play a pivotal role in achieving development, safety, and prosperity in local communities. This handbook, tailored with insights and references, is aimed to provide the necessary tools, knowledge and guidance in order to deliver the highest quality of public service to the people. One of the key highlights of the handbook is to impart ample understanding on the local governance framework ensuring that BSKOs operate effectively and are compliant with statutory guidelines. In the same way, the handbook allows BSKOs to explore the array of programs and initiatives offered by the Department to enhance their knowledge and skills along with strategies and approaches to guide local officials towards fostering unity, transparency, and accountability. Embracing the Department’s commitment to capacitate LGUs, the handbook provides access to information on learning effective leadership, successful implementation of programs, projects and activities, responsible allocation of resources, planning, monitoring and evaluation and addressing the arising issues in the community. DILG Central Luzon, together with the national government, greatly assumes that by enabling LGUs to reach their maximum potential, we can collaboratively build a more safe, progressive, resilient, and inclusive Philippines. This handbook is a testament of our mandate to support local leaders, visionaries, and catalysts for change in our communities and encapsulates the vision of achieving a Mapagkalinga at Maunlad na Pamahalaang Lokal. Thus, I highly encourage BSKOs to dive into the pages of this handbook and together, let us be the driving forces behind a better country. May we continue to empower, inspire, and transform the lives of every Filipino by equipping our local officials one barangay at a time. ATTY. ANTHONY C. NUYDA, CESO III Regional Director, DILG Region III
iv MESSAGE FROM THE ASSISTANT REGIONAL DIRECTOR The DILG Central Luzon stands as firm pillar in bolstering the knowledge and skills of Barangay and Sangguniang Kabataan Officials to accelerate positive change and substantial impact. With this, the Department opt to craft a prime reference to equip the local officials with the important tools to navigate the intricacies of local governance and unlock their full potential as public servants. The Barangay Governance Handbook, in concurrence with DILG PPAs, promotes the active engagement and roles of Barangay and SK Officials as leaders in fostering resilient and sustainable communities. It is designed to provide valuable insights and comprehensive guidance which are vital in achieving excellence in public service delivery. As the torchbearers of the future, the role of Barangay and SK officials is indeed essential and transformative. The contents of the handbook will serve as the roadmap of local leaders towards unlocking the immense capabilities and shaping their communities. The DILG Central Luzon, through CL-LGRRC, is committed to capacitate the Barangay and SK officials in embodying their duties and responsibilities, community engagement, decision-making processes and adhere with the guidelines set forth to full their mission. The Department also believes that through the creation of this handbook, a culture of knowledge-sharing is established enabling continuous learning and development among local officials. The handbook is a tool to empower well-informed and responsible local leaders gearing towards a brighter future. It signifies the dedication of DILG in providing a high standard of leadership, management and public service delivery driven by the principles of transparency and accountability. I look forward to witnessing the remarkable achievement from your hard work and dedication. Let us continuously strive to create a development-dominated Philippines. DIR. JAY E. TIMBREZA, CESO V Assistant Regional Director, DILG Region III
v MESSAGE FROM THE LOCAL GOVERNMENT ACADEMY (LGA) We at the DILG-Local Government Academy are pleased to offer our full support for the Barangay Governance Handbook recently published by Central Luzon - Local Governance Regional Resource Center (CL-LGRC) of DILGCentral Luzon. This handbook is a welcome effort that help provide an invaluable resource for barangay leaders seeking to improve governance at the grassroots level in Central Luzon. Strong and ethical leadership at the barangay level is the foundation for good governance nationwide. Punong Barangays and Members of the Sangguniang Barangays have direct interactions with constituents on a daily basis - they see firsthand the needs and concerns within their immediate communities. As such, they are uniquely positioned to implement responsive programs and policies actively and directly. The Barangay Governance Handbook outlines standard practices, rules, and procedures to serve as a foundation from which barangay officials may refer to as they fulfill their duties with fairness, accountability and vision for sustainable progress. While barangays may be our smallest administrative divisions, they represent the government closest to the people. We must empower these local leaders with the tools and knowledge to better bridge communication between higher offices and ordinary citizens. Sustained earnest Capacity Development is key in propelling our Barangays towards greater public service. Through the development of their capacities, barangays are able to avoid pitfalls, perform their duties up to par, and go beyond boundaries and innovate in their governance. The handbook allows barangays to learn from each other's innovations as well, promoting the spread of good ideas across regions. We at the Local Government Academy share the same goals for our Barangays - we strive to cultivate ethical, competent leaders who can unlock the full potential of grassroots towards peaceful, inclusive, and safe development. We at LGA applaud CL-LGRC of the DILG-R3 for developing such a valuable resource and likewise congratulate Central Luzon Regional Director Anthony C. Nuyda and Assistant Regional Director Jay E. Timbreza. All barangay officials - not just in Central Luzon, but across the Philippines - can benefit from studying and applying its contents. Together, through responsive and well-informed capacity development, we can transform communities across the archipelago one barangay at a time – changing mindsets and influencing behavior of our barangay officials towards local governance excellence. DIR. THELMA T. VECINA, CESO IV Executive Director, LGA
vi MESSAGE FROM THE SUPPORT FOR THE LOCAL GOVERNANCE PROGRAM – PROJECT MANAGEMENT OFFICE (SLGP-PMO) Barangay is the basic political unit that serves as the primary planning and implementing government unit – this is how the Local Government Code defines the barangay. This makes the barangay, a uniquely Filipino system the forefront of local governance, and the gateway of many Filipinos into the Philippine Government. Through this, the Support for the Local Governance Program (SLGP) of the Department of the Interior and Local Government (DILG) sees how vital the Barangay and Sangguniang Kabataan is. Supporting the DILG in cultivating a responsive, efficient, and empowered local governance lies at the very core of SLGP’s mandate. With its vision to foster local governments, and to an extent the Barangay and Sangguniang Kabataan, that can provide quality local service delivery through improved local development planning and institutionalized participatory governance. In pursuit of this vision, the SLGP strives to provide a variety of support and assistance initiatives meant to promote the improvement and development of the over forty-two thousand barangays nationwide. To see this vision through, the Department sees the importance of investing in the development of our Barangays and Sangguniang Kabataan as foundational in the very fabric of Philippine Society. This would require support efforts that are strategic, innovative, and agile. This is why the SLGP is proud to have supported and partnered with DILG Central Luzon in delivering this important tool to the Barangay and Sangguniang Kabataan. The Barangay Governance Handbook is a great resource for those at the forefront of local governance to be well-trained, wellequipped, and prepared to face the many challenges presented to them. On behalf of the whole SLGP Project Management Office, I would like to congratulate DILG Central Luzon on this remarkable milestone. Rest assured that the SLGP is always at your disposal as we continue to work together as partners in local development. MR. RICHARD L. VILLACORTE Project Manager II, SLGP-PMO
vii ACKNOWLEDGEMENT The Barangay and Sangguniang Kabataan Officials (BSKO) Handbook is an initiative material crafted by DILG Central Luzon that encapsulates the essential information and guidance needed by BSKOs to fulfill their duties and responsibilities as public servants. With this, the authors would like to extend their sincerest gratitude to all the people behind this successful undertaking. The administrative and technical personnel of Provincial, HUC, and Regional Offices who have been the backbone of the Department. Their dedication in providing support to the regional and field operating units and ensuring smooth operations have significantly contributed to the success of various local governance initiatives. The City and Municipal Local Government Operations Officers (C/MLGOOs) who have been steadfast in ensuring that the ideals and mandates of the Department are upheld and implemented with diligence and integrity. Their collaboration with BSKOs, local officials, and stakeholders has been pivotal in fostering development within the community. The Cluster Team Leaders who illustrated outstanding organizational skills and approachable demeanor within their clusters. Their passion to establish an inclusive working environment has greatly contributed to the synergy required for effective program implementation. The Provincial and HUC Directors who have consistently demonstrated the highest standards of professionalism and leadership. Their commitment to effectively manage diverse challenges and opportunities have made significant strides in empowering LGUs and enhancing public service. The Local Government Capability Development Division (LGCDD), Local Government Monitoring and Evaluation Division (LGMED) and Finance and Administrative Division (FAD) for their contributions in researching and updating the relevant data included in this handbook. Their meticulous attention to details and information gathered have been fundamental in producing the best quality of handbook for BSKOs. The Support for the Local Governance Program – Project Management Office (SLGP PMO), through the leadership of Mr. Richard L. Villacorte, for the meaningful partnership in capacitating our LGUs. Their assistance and innovative thrusts have helped in realizing the Department’s mandates. The Local Government Academy (LGA), led by Dir. Thelma T. Vecina, CESO IV, for the tireless efforts in creating a dynamic learning environment for LGUs and its stakeholders. Their comprehensive training solutions and capacity development initiatives have significantly entailed in the betterment of our communities. To Assistant Regional Director Jay E. Timbreza, CESO V, for his unceasing and consistent support to all the divisions and field offices’ endeavors in advancing the Department’s mission and vision. And most especially, to DILG Regional Director Atty. Anthony C. Nuyda, CESO III, who is an epitome of good local governance, financial accountability, and ethical leadership. Your unwavering dedication to capacitate LGUs and to deliver the highest quality of service have impacted the lives of every Filipino.
viii TABLE OF CONTENTS I. II. III. IV. V. VI. -------------------- BOOK 1: BARANGAY OFFICIALS ---------------- INTRODUCTION a. The Barangay b. Local Autonomy and Decentralization c. Mandatory and Non-Mandatory Officials and Offices d. Qualifications of Elected Officials e. Disqualifications of Elected Local Officials f. Vacancies and Succession TRANSITION OF OFFICE TO NEWLY ELECTED BARANGAY OFFICIALS a. Smooth Transition of Office to Newly Elected Barangay Officials b. DILG Memorandum Circular 2023-047 POWERS AND FUNCTIONS OF BARANGAY OFFICIALS a. Powers, Duties and Functions of the Punong Barangay b. The Sangguniang Barangay c. Appointive Barangay Officials d. Power to Appoint and Limitations of Appointment e. Law of Nepotism f. Practice of Profession g. Leave of Absences h. Benefits and Privileges BARANGAY LEGISLATION a. Internal Rules and Procedures b. Sessions c. Quorum d. Approval of Ordinances e. Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan f. Effectivity of Ordinances or Resolutions BARANGAY ASSEMBLY a. Composition: Meetings b. Powers of the Barangay Assembly BARANGAY BASED INSTITUTIONS (BBIs) a. Barangay Development Council (BDC) b. Barangay Anti-Drug Abuse Council (BADAC) c. Barangay Peace and Order Committee (BPOC) d. Barangay Council for the Protection of Children (BCPC) e. Barangay Ecological Solid Waste Management Council (BESWMC) f. Barangay Health Emergency Response Team (BHERT) g. Barangay Nutrition Committee (BNC) h. Barangay Fisheries and Aquatic Resources Management Council (BFARMC) i. Barangay Agrarian Reform Committee (BARC) j. Civil Society Organization (CSO) Accreditation 3 5 6 6 7 7 8 11 13 14 17 19 20 22 24 26 28 29 30 33 35 38 39 40 40 41 45 47 47 49 51 55 56 57 59 59 60 60 61 61
ix VII. VIII. IX. X. XI. XII. XIII. XIV. XV. KATARUNGANG PAMBARANGAY (KP) LAW a. Creation of Lupon b. Qualifications of a Lupon Member c. Pangkat Tagapagkasundo d. Jurisdiction of Lupon e. Mediation/Conciliation f. Possible Outcomes during or after Mediation/Conciliation g. Repudiation h. Arbitration i. Rules on Venue j. Monthly Submission of Reports to Courts ENHANCED BARANGAY DEVELOPMENT PLAN (eBDP) a. Barangay Development Plan (BDP) b. BDP Formulation Process c. Capacity Development Agenda BARANGAY BUDGETING a. Barangay Budgeting Process BARANGAY FULL DISCLOSURE POLICY SEAL OF GOOD LOCAL GOVERNANCE FOR BARANGAYS (SGLGB) a. Assessment Criteria b. Essential Governance Areas c. Assessment Forms and Tools ----------------- BOOK 2: SANGGUNIANG KABATAAN --------------- KATIPUNAN NG KABATAAN AND SANGGUNIANG KABATAAN OFFICIALS a. Katipunan ng Kabataan b. Creation and Election of Sangguniang Kabataan c. Power and Functions of Sangguniang Kabataan d. Meetings of the Sangguniang Kabataan e. Qualifications of Sangguniang Kabataan Official f. Term of Office of Sangguniang Kabataan Official g. Sangguniang Kabataan Chairperson h. Sangguniang Kabataan Kagawad i. Sangguniang Kabataan Secretary and Treasurer j. Privileges of Sangguniang Kabataan Officials BUDGETING PROCESS FOR SK FUNDS SANGGUNIANG KABATAAN MANDATORY TRAINING (SKMT) BARANGAY YOUTH PLANS AND PROGRAMS a. Comprehensive Barangay Youth Development Plan b. Annual Barangay Youth Investment Program ACRONYMS AND TERMINOLOGIES REFERENCES 65 68 70 75 76 80 87 98 99 101 102 103 105 108 126 135 137 145 153 155 156 156 161 163 163 164 166 166 168 168 173 173 174 177 183 189 191 195 199 207
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CHAPTER I – INTRODUCTION 5 A. THE BARANGAY As the basic political unit, the Barangay serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled. (Sec. 384, LGC) A little history: ✓ The term "barangay" originated from the Malay word "balangay”, which means boat. Balangays were used by indigenous people as means of transportation and trade. ✓ In the pre-colonial Philippines, the barangay system was established and was used by various indigenous communities as a form of local government. CHARACTERISTICS OF A BARANGAY • Each barangay consists of several neighborhoods or puroks responsible for various functions, including maintaining peace and order, providing basic services, and representing the interests of their constituents. • They serve as the building blocks of local government and form the foundation of higher-level administrative divisions in the country. • As stipulated in Section 385 of the LGC, a barangay may be created, divided, merged, abolished, or its boundary substantially altered, by law or by an ordinance of the Sangguniang Panlalawigan or Sangguniang Panlungsod, subject to approval by a majority of the votes cast in a plebiscite to be conducted by the Commission on Election (COMELEC) in the local government unit or units directly affected within such period of time as may be determined by the law or ordinance creating said Barangay. In the case of the creation of Barangays by the Sangguniang Panlalawigan, the recommendation of the Sangguniang Bayan concerned shall be necessary.
CHAPTER I –- INTRODUCTION INTRODUCTION 6 B. LOCAL AUTONOMY AND DECENTRALIZATION “In the Philippines, local autonomy and decentralization are fundamental principles of local governance.” Section 2 of the LGC stipulates that territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. This idea is generally described as the ability of local governments for self-government – be it at the regional, provincial, city, municipal or barrio/barangay level and may be determined through the following criteria: 1. There should be a set of locally elected officials in the area, at least at the legislative level; 2. The area of autonomy or self-government should have clearly defined areas of responsibility; 3. The relationship between the national and the local levels should be clearly defined, and areas of primary responsibility clearly delineated; and 4. The area of self-government or local autonomy should be given some authority to generate local revenues through taxation. C. MANDATORY AND NON-MANDATORY OFFICIALS AND OFFICES The law states that there shall be in each barangay a Punong Barangay, seven (7) Sangguniang Barangay members, the Sangguniang Kabataan chairperson (Ex-officio Member), seven (7) SK members, a Barangay Secretary, Barangay treasurer, SK Secretary, and SK Treasurer. There shall also be in every Barangay a Lupong Tagapamayapa. The Sangguniang Barangay may form community brigades and create such other positions or offices as may be deemed necessary to carry out the purposes of the Barangay government in accordance with the needs of public service, subject to the budgetary limitations on personal services prescribed under Title Five, Book II of the Local Government Code. For purposes of the Revised Penal Code, the Punong Barangay, Sangguniang Barangay members, and members of the Lupong Tagapamayapa in each Barangay shall be deemed as persons in authority in their jurisdictions, while other Barangay officials and
CHAPTER I – INTRODUCTION 7 members who may be designated by law or ordinance and charged with the maintenance of public order, protection and security of life and property, or the maintenance of a desirable and balanced environment, and any Barangay member who comes to the aid of persons in authority, shall be deemed agents of persons in authority. D. QUALIFICATIONS OF AN ELECTIVE BARANGAY OFFICIAL For Elective Barangay Officials (Sec 39-40, RA 7160): ● Citizen of the Philippines; ● Candidates for the position of Punong Barangay or member of the Sangguniang Barangay must be at least eighteen (18) years of age on election day; ● Registered voter in the barangay, municipality, city or province or, in the case of a member of the Sangguniang panlalawigan, panlungsod or bayan, the district where he intends to be elected; ● Resident therein for at least one (1) year immediately preceding the day of the election; and ● Able to read and write Filipino or any other local language or dialect. E. DISQUALIFICATIONS OF AN ELECTIVE BARANGAY OFFICIAL ● Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence. ● Those removed from office as a result of an administrative case. ● Those convicted by final judgment for violating the oath of allegiance to the Republic. ● Those with dual citizenship. ● Fugitives from justice in criminal or non-political cases here or abroad. ● Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the LGC. ● The insane or feeble-minded. DILG advocates for the Barangay and SK Officials to be Matino, Mahusay, at Maaasahan.
CHAPTER I –- INTRODUCTION INTRODUCTION 8 F. VACANCIES AND SUCCESSION a. Permanent Vacancy in the Office of the Punong Barangay If a permanent vacancy occurs in the office of the Punong Barangay, the highest ranking Sanggunian Barangay member or, in case of his permanent inability, the second highest ranking Sanggunian member, shall become the Punong Barangay. A tie between or among the highest ranking Sanggunian members shall be resolved by the drawing of lots. 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. 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. b. Permanent Vacancies in the Sangguniang Barangay Permanent vacancies in the Sanggunian where automatic successions do not apply shall be filled by the appointment of the City or Municipal Mayor upon recommendation of the Sangguniang Barangay concerned. c. Temporary Vacancy in the Office of the Punong Barangay When the Punong Barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the highest ranking Sangguniang Barangay member shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days. Said temporary incapacity shall terminate upon submission to the appropriate Sanggunian of a written declaration by the local chief executive concerned that he has reported back to office. In cases where the temporary incapacity is due to legal causes, the local chief executive concerned shall also submit necessary documents showing that said legal causes no longer exist.
CHAPTER I – INTRODUCTION 9 When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-incharge of the said office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the local chief executive except the power to appoint, suspend, or dismiss employees. In the event, however, that the local chief executive concerned fails or refuses to issue such authorization, the highest ranking Sangguniang Barangay member, as the case may be, shall have the right to assume the powers, duties, and functions of the said office on the fourth (4th) day of absence of the said local chief executive, subject to the limitations provided. Except as provided above, the local chief executive shall in no case authorize any local official to assume the powers, duties, and functions of the office, other than the highest ranking Sangguniang Barangay member, as the case may be. Q: Can a person run for the position of Punong Barangay while he is on probation? A: Yes. During the period of probation, the probationer is not disqualified from running for a public office because the accessory penalty of suspension from public office is put on hold for the duration of probation. (Moreno vs. COMELEC; DILG L.O. No. 36 s. 2020) Q: Can an elected Punong Barangay still assume his position after having been granted probation? A: Yes. During the period of probation, the execution of the sentence is supended, including the suspension of its accessory penalty. Thus, there is no legal impediment for the PB to re-assume his post and he could continue to discharge the powers, duties and functions of the Office of the Punong barangay. (DILG L.O. No. 36 s. 2020)
CHAPTER XII – KATIPUNAN NG KABATAAN AND SANGGUNIANG KABATAAN OFFICIALS 172 The templates and forms can be accessed through the link: https://tinyurl.com/BGHandbook-Templates or you may scan the QR code below:
13 CHAPTER II – TRANSITION OF OFFICE TO NEWLY ELECTED BARANGAY OFFICIALS SMOOTH TRANSITION OF OFFICE TO NEWLY ELECTED BARANGAY OFFICIALS Accountability remains as a strong foundation of effective governance. This principle plays a pivotal role in ensuring transparency, preventing corruption, fostering trust, and ultimately upholding the ideals of democracy. In the Philippines, officials are expected to serve with a high degree of transparency, keeping information, decisions, and policies open to the public. When government officials know that they will be held accountable for their actions, there is a deterrent effect on corrupt practices. In the same way, it ensures efficient resource management. It is a declared policy of the State that all resources of the government shall be managed, expended, or utilized in accordance with law and regulations, and safeguarded against loss or wastage through illegal or improper disposition, with a goal of ensuring efficiency, economy, and effectiveness in the operations of government. Government agencies handle public resources, and it is paramount that these resources are utilized efficiently and effectively. Section 375 of the LGC provides for the “Primary and Secondary Accountability for Government Property”, which mandates that: 1. Each head of the Department or office of a province, city, municipality, or barangay shall be primarily accountable for all government property assigned or issued to his department or office. The person or persons entrusted with the possession or custody of government property under the accountability of any head of department or office shall be immediately accountable to such officer. 2. The head of a department or office primarily accountable for government property may require any person in possession of the property or having custody and control thereof under him to keep such records and make reports as may be necessary for his/her own information and protection. 3. Buildings and other physical structures shall be under the accountability and responsibility of the Punong Barangay. 4. Every officer primarily accountable for government property shall keep a complete record of all properties under his charge or render his accounts thereof semiannually to the Punong Barangay.
14 CHAPTER II – TRANSITION OF OFFICE TO NEWLY ELECTED BARANGAY OFFICIALS DILG Memorandum Circular 2023-047 DILG issued Memorandum Circular No. 2023-047 dated March 21, 2023 containing the conduct of inventory and transition of barangay/ Sangguniang Kabataan properties, financial records, documents, and money accountabilities by all incumbent barangay and SK Officials, and the creation of the barangay and SK inventory team and the city/municipal assessment and turnover team. Specifically, said Circular was issued to: 1. Enjoin all the incumbent Barangay and SK Officials to conduct an inventory of all government properties under their custody and to turnover said properties to the incoming officials. 2. Direct the creation of the Barangay Inventory Team (BIT), Sangguniang Kabataan Inventory Team (SKIT), and the City/Municipal Assessment and Transition Team (C/MATT) by the Punong Barangays, SK Chairpersons, and the City/Municipal Mayors. 3. Conduct of Turnover Ceremony by all outgoing and incoming elected officials with the assistance and/or presence of C/MATT. 4. Ensure that barangay and SK properties and money accountabilities are properly turned over to the incoming/elected Barangay and Sangguniang Kabataan Officials. Through the Circular, all concerned barangay officials are enjoined to perform the following: a. Create, through an Executive Order (Annex A), the Barangay Inventory Team (BIT) and, through an order, the Sangguniang Kabataan Inventory Team (SKIT), composed of: Barangay Inventory Team (BIT) POSITION COMPOSITION Chairperson Punong Barangay Vice Chairperson Member of the Sangguniang Barangay (to be selected by PB) BIT Members ● 3 Regular Sangguniang Barangay Members ● Barangay Secretary ● Barangay Treasurer ● Bookkeeper or City/ Municipal Representative ● At least 1 CSO/NGO representative
15 CHAPTER II – TRANSITION OF OFFICE TO NEWLY ELECTED BARANGAY OFFICIALS Sangguniang Kabataan Inventory Team (SKIT) POSITION COMPOSITION SKIT Chairperson SK Chairperson SKIT Vice Chairperson Member of the SK (to be chosen by the SK Chair) SKIT Members ● 2 Regular SK Members ● SK Secretary ● SK Treasurer ● Representative/s from the Youth Organizations who is/are member/s of the Local Youth Development Council (LYDC) ● At least one (1) Katipunan ng Kabataan (KK) member b. Ensure that the activities/functions of the BIT and SKIT stated under Sections 4.1.1.2 and 4.1.1.2 are undertaken and complied with. c. Submit to the BIT/SKIT the list of all barangay/SK properties that are entrusted to him/her or under his/her custody/possession. d. Liquidate or settle all money accountabilities or other financial concerns. e. Turn over all B/SK PFRDs to the BIT/SKIT before the expiration of his/her term of office. f. In case of loss of barangay properties occurring in transit of due to casualty or calamity, the concerned accountable barangay officials are directed to comply with the requirements stated under Article 442 of the IRR of the LGC. g. File a request for relief before the concerned city/municipal auditor, through the barangay treasurer, within the statutory period of thirty (30) days or such a longer period as may be allowed by the city/municipal auditor. h. In the case of the SK, the concerned Accountable SK Officials are advised to undertake the procedures/activities as stipulated in the COA Handbook on the Financial Transaction of SK (HFTSK).
16 CHAPTER II – TRANSITION OF OFFICE TO NEWLY ELECTED BARANGAY OFFICIALS Accountability embodies the principles of transparency, prevents corruption, fosters trust, ensures efficient resource management, and reinforces democratic values. In a democratic system, elected officials are accountable to the people who voted them into office. These accountability mechanisms help prevent wastage and mismanagement of funds, enabling resources to be directed towards projects and programs towards improved public services, better infrastructure, and a higher standard of living for citizens. In the same way, accountability is also acknowledging the possible sanctions of every decision; may it be towards one’s profession as a public servant, or towards other key stakeholders. A government that is accountable to its citizens is one that upholds the rule of law, serves the public interest, and nurtures a strong and resilient society. SANCTION The concerned accountable BSKOs who failed to turn over the government properties under their possession/custody may be held liable in accordance with the existing applicable laws, rules, and regulations.
19 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS THE PUNONG BARANGAY Section 389. Powers, Duties, and Functions The Punong Barangay, as the chief executive of the Barangay government, shall exercise such powers and perform such duties and functions, as provided by the LGC and other laws. For efficient, effective and economical governance, the purpose of which is the general welfare of the Barangay and its inhabitants pursuant to Section 16 of the LGC, the Punong Barangay shall: 1. Enforce all laws and ordinances which are applicable within the Barangay; 2. Negotiate, enter into, and sign contracts for and in behalf of the Barangay, upon authorization of the Sangguniang Barangay; 3. Maintain public order in the Barangay and, in pursuance thereof, assist the city or municipal mayor and the Sanggunian members in the performance of their duties and functions; 4. Call and preside over the sessions of the Sangguniang Barangay and the Barangay assembly, and vote only to break a tie; 5. Upon approval by a majority of all the members of the Sangguniang Barangay, appoint or replace the Barangay treasurer, the Barangay secretary, and other appointive Barangay officials; 6. Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the Barangay; 7. In coordination with the Barangay development council, prepare the annual executive and supplemental budgets of the Barangay; 8. Approve vouchers relating to the disbursement of Barangay funds; 9. Enforce laws and regulations relating to pollution control and protection of the environment; 10.Administer the operation of the Katarungang Pambarangay in accordance with the provisions of the LGC; 11.Exercise general supervision over the activities of the Sangguniang Kabataan; 12.Ensure the delivery of basic services as mandated under Section 17 of the LGC; 13. Shall facilitate and assist applicants in the process of applying and filing for Protection Order under the Section 9 (F) and Section 14 of Republic Act No. 9262: The Anti-Violence Against Women and their Children Act of 2004; 14.Conduct an annual palarong Barangay which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports; 15.Promote the general welfare of the Barangay; and
20 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS 16. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. THE SANGGUNIANG BARANGAY Section 391. Powers, Duties, and Functions The legislative body of the Barangay, shall be composed of the Punong Barangay as presiding officer, and the seven (7) regular Sangguniang Barangay members elected at large and Sangguniang Kabataan chairperson, as members. The Sangguniang Barangay, as the legislative body of the Barangay, shall: 1. Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein; 2. Enact tax and revenue ordinances, subject to the limitations imposed in the LGC; 3. Enact annual and supplemental budgets in accordance with the provisions of the LGC; 4. Provide for the construction and maintenance of Barangay facilities and other public works projects chargeable to the general fund of the Barangay or such other funds actually available for the purpose; 5. Submit to the Sangguniang Panlungsod or Sangguniang Bayan such suggestions or recommendations as it may see fit for the improvement of the Barangay or for the welfare of the inhabitants thereof; 6. Assist in the establishment, organization, and promotion of cooperative enterprises that will improve the economic condition and well-being of the residents; 7. Regulate the use of multi-purpose halls, multi- purpose pavements, grain or copra dryers, patios and other post-harvest facilities, Barangay waterworks, Barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the Barangay and charge reasonable fees for the use thereof; 8. Solicit or accept monies, materials and voluntary labor for specific public works and cooperative enterprises of the Barangay from residents, land owners, producers and merchants in the Barangay; monies from grantsin-aid, subsidies, contributions, and revenues made available to the Barangays from national, provincial, city or municipal funds; and monies from other private agencies and individuals: Provided, however, That monies or properties donated by private agencies and individuals for specific purposes shall accrue to the Barangay as trust fund; 9. Solicit or accept, in any or all the foregoing public works and cooperative enterprises, such cooperation as is made available by national, provincial, city, or municipal agencies established by law to render financial, technical, and advisory assistance to Barangays and to
21 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS Barangay residents: Provided, however, That in soliciting or accepting such cooperation, the Sangguniang Barangay need not pledge any sum of money for expenditure in excess of amounts currently in the Barangay treasury or encumbered for other purposes; 10. Provide compensation, reasonable allowances or per diems as well as travel expenses for Sangguniang Barangay members and other Barangay officials, subject to the budgetary limitations prescribed under Title Five, Book II of the LGC: Provided, however, that no increase in the compensation or honoraria of the Sangguniang Barangay members shall take effect until after the expiration of the full term of all members of the Sangguniang Barangay approving such increase; 11. Hold fund-raising activities for Barangay projects without the need of securing permits from any national or local office or agency. The proceeds from such activities shall be tax-exempt and shall accrue to the general fund of the Barangay: Provided, That in the appropriation thereof, the specific purpose for which such fund-raising activity has been held shall be first satisfied: Provided, further, That no fund-raising activities shall be held within a period of sixty(60) days immediately preceding and after a national or local election, recall, referendum, or plebiscite: Provided, finally, That said fund-raising activities shall comply with national policy standards and regulations on morals, health, and safety of the persons participating therein. The Sangguniang Barangay, through the Punong Barangay, shall render a public accounting of the funds raised at the completion of the project for which the fundraising activity was under- taken; 12. Authorize the Punong Barangay to enter into contracts in behalf of the Barangay, subject to the provisions of the LGC: a. Authorize the Barangay treasurer to make direct purchases in an amount not exceeding One thousand pesos (P1,000.00) at any one time for the ordinary and essential administrative needs of the Barangay; b. Prescribe fines in amounts not exceeding One thousand pesos (P1,000.00) for violation of Barangay ordinances; c. Provide for the administrative needs of the Lupong Tagapamayapa and the pangkat ng tagapagkasundo; d. Provide for the organization of community brigades, Barangay Tanod, or community service units as may be necessary; e. Organize regular lectures, programs, or fora on community problems such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government; f. Adopt measures to prevent and control the proliferation of squatters and mendicants in the Barangay; g. Provide for the proper development and welfare of children in the Barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven (7) years of age;
22 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS h. Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile delinquency; i. Initiate the establishment of a Barangay high school, whenever feasible, in accordance with law; j. Provide for the establishment of a non-formal education center in the Barangay whenever feasible, in coordination with the Department of Education, Culture and Sports; k. Provide for the delivery of basic services; and l. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. OTHER DUTIES OF SANGGUNIANG BARANGAY MEMBERS 1. Assist the Punong Barangay in the discharge of his duties and functions; 2. Act as peace officers in the maintenance of public order and safety; and 3. Perform such other duties and functions as the Punong Barangay may delegate. APPOINTIVE BARANGAY OFFICIALS BARANGAY SECRETARY Section 394. Appointment, Qualifications, Powers and Duties. (a) The Barangay secretary shall be appointed by the Punong Barangay with the concurrence of the majority of all the Sangguniang Barangay members. The appointment of the Barangay secretary shall not be subject to attestation by the Civil Service Commission. (b) The Barangay secretary shall be of legal age, a qualified voter and an actual resident of the Barangay concerned. (c) No person shall be appointed Barangay secretary if he is a Sangguniang Barangay member, a government employee, or a relative of the Punong Barangay within the fourth civil degree of consanguinity or affinity. (d) The Barangay secretary shall: 1. Keep custody of all records of the Sangguniang Barangay and the Barangay assembly meetings; 2. Prepare and keep the minutes of all meetings of the Sangguniang Barangay and the Barangay assembly;
23 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS 3. Prepare a list of members of the Barangay assembly, and have the same posted in conspicuous places within the Barangay; 4. Assist in the preparation of all necessary forms for the conduct of Barangay elections, initiatives, referenda or plebiscites, in coordination with the Comelec; 5. Assist the municipal civil registrar in the registration of births, deaths, and marriages; 6. Keep an updated record of all inhabitants of the Barangay containing the following items of information: name, address, place and date of birth, sex, civil status, citizenship, occupation, and such other items of information as may be prescribed by law or ordinances; 7. Submit a report on the actual number of Barangay residents as often as may be required by the Sangguniang Barangay; 8. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. BARANGAY TREASURER Section 395. Appointment, Qualifications, Powers and Duties (a) The Barangay treasurer shall be appointed by the Punong Barangay with the concurrence of the majority of all the Sangguniang Barangay members. The appointment of the Barangay treasurer shall not be subject to attestation by the Civil Service Commission. (b) The Barangay treasurer shall be of legal age, a qualified voter, and an actual resident of the Barangay concerned. (c) No person shall be appointed Barangay treasurer if he is a Sangguniang Barangay member, a government employee, or a relative of the Punong Barangay within the fourth civil degree of consanguinity or affinity. (d) The Barangay treasurer shall be bonded in accordance with existing laws in an amount to be determined by the Sangguniang Barangay but not exceeding Ten thousand pesos (Php 10,000.00), premiums for which shall be paid by the Barangay. (e) The Barangay treasurer shall: 1. Keep custody of Barangay funds and properties;
24 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS 2. Collect and issue official receipts for taxes, fees, contributions, monies, materials, and all other resources accruing to the Barangay treasury and deposit the same in the account of the Barangay as provided under Title Five, Book II of this Code; 3. Disburse funds in accordance with the financial procedures\ provided in this Code; 4. Submit to the Punong Barangay a statement covering the actual and estimates of income and expenditures for the preceding and ensuing calendar years, respectively, subject to the provisions of Title Five, Book II of this Code; 5. Render a written accounting report of all Barangay funds and property under his custody at the end of each calendar year, and ensure that such report shall be made available to the members of the Barangay assembly and other government agencies concerned; 6. Certify as to the availability of funds whenever necessary; 7. Plan and attend to the rural postal circuit within his jurisdiction; 8. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. Section 396. Other Appointive Officials. - The qualifications, duties, and functions of all other Barangay officials appointed by the Punong Barangay shall be governed by the provisions of this Code and other laws or by Barangay ordinances. A. POWER TO APPOINT AND LIMITATIONS OF APPOINTMENT Being non-career, Civil Service eligibility is not a requirement for one to be appointed to a barangay post (DILG Opinion 102, s. 2007) Categories of Barangay Appointive Officials: ● Mandatory Positions (Barangay Secretary and Barangay Treasurer); ● Other positions created by the Sangguniang Barangay pursuant to Sec. 387 (b) of the Local Government Code Stages in the Appointment of Barangay Secretary and Treasurer: ● Issuance by the Punong Barangay of the appointment (Annex B).
25 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS ● Submission of such appointment papers to the Sangguniang Barangay for its concurrence or approval. Term of Office of Barangay Secretaries, Treasurers, and Other Appointive Officials Barangay secretaries, treasurers and other appointive barangay officials are, by their nature, coterminous with appointing authority (CSC OPINION, July 28, 1998 | DILG MC 2010-147) They are considered coterminous with or serving at the pleasure of the appointing authority (DILG Opinion 102, s. 2007) Sangguniang Barangay’s Concurrence Sangguniang Barangay determines whether or not the appointee of the Punong Barangay possesses all the qualifications of a Barangay Secretary and Barangay Treasurer (Sec 3, Art2, DILG MC 2002-150). When the appointee possesses all the qualifications, any withholding of concurrence by the Sangguniang Barangay shall be considered whimsical, arbitrary and unjustifiable, and would thus be tantamount to abuse of authority (Sec 3, Art 2, DILG MC 2002-150). Sangguniang Barangay’s non-concurrence does not operate as automatic concurrence, but it rather opens the Sangguniang Barangay officials to possible administrative liabilities for abuse of authority, especially if the non-concurrence is based on matters other than that the appointee possesses some disqualifications to hold public office (DILG Opinion 64, s. 2004) Pending Sangguniang Barangay’s Concurrence In the exigency of public service, the appointee pending compliance with the condition of concurrence, shall be allowed to discharge and perform the powers, duties and responsibilities pertaining to the office and they shall be considered to be holding a temporary appointment (Sec 4, Art 2, DILG MC 2002-150). Period to Act on the Appointment Pursuant to Sec. 5, RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) the Sangguniang Barangay shall act on the appointment within 15 working days from receipt of the appointment as submitted by the Punong Barangay (Sec 5, Art 2, DILG MC 2022-150)
26 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS LIMITATIONS OF APPOINTMENT ● Nepotism (Sec. 79) ● Appointment Ban During Election Period ● Ban on Holding Dual Positions (Sec 94) ● Ban on Double Compensation (Sec 95) LAW OF NEPOTISM “No person shall be appointed in the Local Government career service if he is related within the 4th civil degree of consanguinity or affinity to the appointing or recommending authority” (Sec. 79) Coverage of Law on Nepotism The Nepotism rule covers all kinds of appointments whether original, promotional, transfer and reemployment regardless of status including casuals and contractuals except consultants. *Note: For purposes of the law on nepotism, appointment and designation shall be considered the same. Otherwise, it will be allowed to do indirectly, what the law directly prohibits from doing. (Laurel vs CSC) In Barangay appointments, the prohibition applies only when the positions involved are Barangay Secretary and Barangay Treasurer. It does not apply to other barangay positions. Hence, pursuant to Secs 394 and 395, RA 7160, the Punong Barangay is prohibited to appoint a Barangay Secretary or Treasurer who is related to him within 4th civil degree of consanguinity or affinity. The rule on Nepotism applies only to the career service. The rule will not apply with respect to Barangay Tanods because they do not belong to career service. Therefore, the Punong Barangay may appoint his sister-in-law as member of barangay tanod (DILG Opinion 03, s. 2003).
27 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS Ban on Holding Dual Position General Rule: While an official is holding a local government office, he cannot be appointed or designated in any capacity to any public office or position. Exception: Allowed by law or justified by the primary functions of the office or position. DILG Opinion No. 96 and 28 s. 2008 An elected Sangguniang Barangay Member cannot simultaneously hold office as an appointed permanent employee of the LGU. The prohibition is allembracing as it covers all modes of appointive employment in the government, be it in the career or non-career service. The willingness to receive the monthly honorarium as barangay kagawad will not alter the situation.
28 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS DILG Opinion No. 66 s. 2018 SK Officials are within the purview of the term “local elective officials” and they are covered by the prohibition under Sec. 94 (a) of the LGC of 1991. The law intended the public officials not to hold any position in the government in whatever capacity, unless specifically allowed by law. Even if it was established that Job Order (JO) and Contract-of-Service (COS) has no employer-employee (EE-ER) relationship with the government, being a JO or COS in the government is still an “employment in the government” or he is considered “holding a public office”. Can the Punong Barangay appoint the daughter of one of the members of the Sangguniang barangay as barangay secretary? Answer: Yes. The Punong Barangay, who is the appointing authority is not a relative of the appointed secretary within fourth civil degree of consanguinity or affinity. (DILG L.O. No. 126 s. 2021) Can the Punong Barangay appoint his brother as member of the Lupong Tagapamayapa? Answer: Yes. There is no nepotism as the membership in the Lupong Tagapamayapa is a Non-Career Service Position. B. PRACTICE OF PROFESSION Punong Barangay is not included in the enumeration in Section 90 (a), RA 7160. Thus, they are allowed to engage in the practice of their profession or in any occupation (DILG Opinion No. 24, s. 2004) but subject to the authority granted by the SILG (DILG Opinion No. 08, s. 2012 and No. 10, s. 2010). DILG Opinion No. 24, s. 2004 Sangguniang Members may practice their profession, engage in any occupation, or teach in schools except during session hours. However, they are prohibited from holding other public offices in view of the express prohibition under Section 94, RA 7160.
29 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS Q: Are Punong Barangays, Sangguniang Barangay members, SK Chairperson and members of SK required to secure written authority from the Secretary of the DILG to engaged in private practice of profession? A: Yes. Pursuant to the case of Catu vs. Rellosa DILG Opinion No. 95, s 2004 Sanggunian Members who are doctors may practice their profession only during hours where no session is scheduled. They may also practice their profession during official hours of work in cases of emergency provided they do not derive monetary compensation therefrom. DILG Opinion No. 21, 2017 A Punong Barangay and Members of the Sangguniang Barangay are not prohibited from practicing their profession; however, they are required to obtain a prior written permission with the Secretary of the DILG before they practice their profession. DILG Opinion No. 47, s. 2019 SK Officials are allowed to accept employment in private offices or practice their profession as long as it does not conflict with his/her duties in the SK. C. LEAVE OF ABSENCES Section 47 of the Local Government Code of 1991 states that leave of absences of barangay elective officials shall be approved as follows: Local Elective Official Approving Authority Punong Barangay City/Municipal Mayor Sangguniang Barangay Members Punong Barangay *Note: Leave of absences shall be deemed approved if not acted upon within 5 working days after receipt thereof.
30 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS DILG Legal Opinion No. 70, s. 2018 Neither the LGC of 1991 nor any regulation has fixed the office hours of elective officials. The rationale for this is understandable for it violates the very nature of the work of elective officials who are considered on call anytime of the day. Fixing their working hours unnecessarily delimit their services to the prejudice of their constituents and ultimately the public service. In other words, the nature of work of elective officials should not be confined and limited to attending sessions. Be that as it may, local elective officials are also entitled to leave credits as provided in Sec. 5, CSC Memorandum Circular No. 14, s. 1999. D. BENEFITS AND PRIVILEGES a. The Local Government Code of 1991 provides that, barangay officials shall be compensated in the form of honorarium at an amount not less than P1,000 per month for the Punong Barangay and P600 each per month for the Sangguniang Barangay members, Barangay Treasurer and Barangay Secretary. It is a form of compensation given as a token of appreciation or reward for gratuitous services on account of one's broad and superior knowledge or expertise in a specific field for which, going by custom, tradition or propriety. b. The rate of honorarium of barangay officials is based on the salary schedule being implemented by the city/municipality where the barangay belongs. The limit or maximum amount of honoraria in the barangay is the equivalent rate actually prevailing in the mother LGU. E. O. No. 332 provides that the rates of honorarium prescribed in Section 393 (a) of R.A. No. 7160 may be increased/ adjusted. c. Under LBC 63, the maximum honorarium rate is equivalent to SG-14 for the Punong Barangay and SG10 for the other officials. The rates may be increased only when: • A general salary adjustment for all government employees is granted; or • A specific legal basis is issued by competent authority upgrading the salary grade equivalence of the said barangay officials. The implementation of the authorized increase shall be subject to the availability of barangay funds and the pertinent budgetary rules. d. Aside from honorarium, barangay officials are also entitled to the following benefits:
31 CHAPTER III – POWERS AND FUNCTIONS OF BARANGAY OFFICIALS • Christmas bonus in the form of cash gift at the rate authorized by law which covers the Punong Barangay, Sangguniang Barangay members, Barangay Treasurer and Barangay Secretary; • Insurance coverage under RA 6942 for the Punong Barangay, Sangguniang Barangay members, Barangay Treasurer, Barangay Secretary and Barangay Tanods not exceeding twenty (20) in each barangay; • Medical care consists of free hospitalization in government hospitals for the Punong Barangay, Sangguniang Barangay members, Barangay Treasurer and Barangay Secretary. In extreme emergency, the same officials may be confined in private hospitals with expenses chargeable against barangay funds at not more than P5,000 per official; • Free tuition and matriculation fees in government schools in their area for Punong Barangay, Sangguniang Barangay members, Barangay Treasurer and Barangay Secretary including two of their legitimate dependent children during their term of office only; • Conferment of civil service eligibility based on the number of years of service in the barangay for Punong Barangay, Sangguniang Barangay members; • Barangay Treasurer and Barangay Secretary who have completed their term of office; and • Preference in appointment to any government position to which they are qualified for the Punong Barangay and Sangguniang Barangay members after their term of office.
CHAPTER XII – KATIPUNAN NG KABATAAN AND SANGGUNIANG KABATAAN OFFICIALS 172 The templates and forms can be accessed through the link: https://tinyurl.com/BGHandbook-Templates or you may scan the QR code below:
CHAPTER IV – BARANGAY LEGISLATION 35 Local legislative power shall be exercised by the Sangguniang Panlalawigan for the province; the Sangguniang Panlungsod for the city; the Sangguniang bayan for the municipality; and the Sangguniang Barangay for the Barangay. (SECTION 48. LGC of 1991). For the barangays, the Punong Barangay shall be the Presiding Officer. The presiding officer shall vote only to break a tie. In the event of the inability of the regular Presiding officer to preside at a Sanggunian session, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer. He shall certify within ten (10) days from the passage of ordinances enacted and resolutions adopted by the Sanggunian in the session over which he temporarily presided. INTERNAL RULES OF PROCEDURES (IRP) Section 50, LGC of 1991 On the first regular session following the election of its members and within ninety (90) days thereafter, the Sanggunian concerned shall adopt or update its existing rules of procedure. The rules of procedure shall provide for the following: 1. The organization of the Sanggunian and the election of its officers as well as the creation of standing committees which shall include, but shall not be limited to, the committees on appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives; the general jurisdiction of each committee; and the election of the chairman and members of each committee; 2. The order and calendar of business for each session; 3. The legislative process; 4. The parliamentary procedures which include the conduct of members during sessions;
CHAPTER IV – BARANGAY LEGISLATION 36 5. The discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded from the session, suspended for not more than sixty (60) days, or expelled: Provided, That the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the Sanggunian members: Provided, further, That a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the Sanggunian; and 6. Such other rules as the Sanggunian may adopt. What governs the IRP of the Sanggunian? 1. Constitution 2. Local Government Code of 1991 3. Supreme Court Decisions 4. Adopted Internal Rules and Regulations 5. Parliamentary practice 6. Parliamentary Authors 7. Customs and usages (DILG Opinion 14 s. 2005) Does the law require the completion of the updating or adoption of the internal rules of procedures before the Sanggunian could enact an ordinance? No. It simply requires that the matter of adopting or updating the IRP be taken up during the first day of session (Malonzo v Zamora, 323 SCRA 875, January 28, 2000). Can a legislative act be declared invalid for noncompliance with internal rules? No. The disregard of the internal rules would not affect the validity of a law (Arroyo v De Venecia, GR No. 127255, June 26, 1998)
CHAPTER IV – BARANGAY LEGISLATION 37 May the Sanggunian use its internal discipline mechanism against a sanggunian member for actions done outside the session? No. The acts constituting the grounds must be committed in relation to, on occasion of, or during the session. Acts committed outside the session, or not related to the session of the sanggunian cannot be the subject of internal disciplinary actions that can be imposed by a sanggunian. (DILG Opinion No. 83, s. 2004) Full Disclosure of Financial and Business Interests of Sanggunian Members (Section 51, LGC of 1991) (a) Every Sanggunian member shall, upon assumption to office, make a full disclosure of his business and financial interests. He shall also disclose any business, financial, or professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which he may have with any person, firm, or entity affected by any ordinance or resolution under consideration by the Sanggunian of which he is a member, which relationship may result in conflict of interest. Such relationship shall include: (1) Ownership of stock or capital, or investment, in the entity or firm to which the ordinance or resolution may apply; and (2) Contracts or agreements with any person or entity which the ordinance or resolution under consideration may affect. In the absence of a specific constitutional or statutory provision applicable to this situation, "conflict of interest" refers in general to one where it may be reasonably deduced that a member of a Sanggunian may not act in the public interest due to some private, pecuniary, or other personal considerations that may tend to affect his judgment to the prejudice of the service or the public. (b) The disclosure required under this Act shall be made in writing and submitted to the secretary of the Sanggunian or the secretary of the committee of which he is a member. The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in the following manner: (1) Disclosure shall be made before the member participates in the deliberations on the ordinance or resolution under
CHAPTER IV – BARANGAY LEGISLATION 38 consideration: Provided, That, if the member did not participate during the deliberations, the disclosure shall be made before voting on the ordinance or resolution on second and third readings; and (2) Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that may affect the business interest, financial connection, or professional relationship described herein. SESSIONS (Section 51, LGC of 1991) a. On the first day of the session immediately following the election of its members, the Sanggunian shall, by resolution, fix the day, time, and place of its regular sessions. The minimum number of regular sessions shall be once a week for the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang bayan, and twice a month for the Sangguniang Barangay. b. When public interest so demands, special sessions may be called by the local chief executive or by a majority of the members of the Sanggunian. c. All Sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality. No two sessions, regular or special, may be held in a single day. d. In the case of special sessions of the Sanggunian, a written notice to the members shall be served personally at the member's usual place of residence at least twenty- four (24) hours before the special session is held. Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice. e. Each Sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the Sanggunian concerned. Is it allowed to proceed with 3 readings of a proposed ordinance in just one session? Yes. There is nothing in the law which prohibits that the 3 readings of a proposed ordinance be held in just one session day (Malonzo v Zamora, GR No. 137718, January 28, 2000)
CHAPTER IV – BARANGAY LEGISLATION 39 QUORUM (Section 53, LGC of 1991) What is a Quorum? The number of persons of a deliberative body which, when legally assembled in their proper places will enable the body to transact its proper business or that number which makes a lawful body and gives it power to pass upon a law or ordinance of do any valid act. (Javellana v Tayo, GR L-18919 [1962] 6 SCRA 1049) (a) A majority of all the members of the Sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results. (b) Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the Sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the local government unit concerned, to arrest the absent member and present him at the session. (c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum. Do you include the preventively suspended Sanggunian member in the determination of quorum? No. He/She is outside the coercive jurisdiction of the Sanggunian. His/Her suspension constitutes a legal restriction for him to perform his powers, duties and functions (DILG Opinion 18, s. 2006)