History of BARANGAY during American Regime

     During the American Regime, local governments were first set up by General Order No. 43, series of 1899 and later superseded by General Order No. 40, series of 1900. The foundations for an adequate local administration were laid in President William McKinley's Instructions of April 7, 1900 to the Second Philippines Commission, which was directed "to devote their attention in the first instance to the establishment of municipal governments in which natives of the Islands, both in the cities and rural communities, shall be afforded the opportunity to manage their own local affairs to the fullest extent of which they are capable, and subject to the least degree of supervision and control which a careful study of their capacities and observation of the working of native control show to be consistent with the maintenance of law, order, and loyalty".

     Pursuant to this directive, the Second Philippine commission took up the matter of establishing local governments and saw to it that the inhabitants of each barrio were properly represented. In its report to President McKinley, the commission stated: "In order that the interests of the inhabitants of each ward may be represented in the council, on the one hand, and that body may not become so numerous as to be unwiedly, on the other, it is provided that the councilors shall be few in number (18 to 8, according to the number of inhabitants) and shall be elected at large; that where the wards are more numerous than are the councilors, the wards shall be grouped into districts, with power to appoint a representative from among the inhabitants of every ward thus assigned to him, so that he may rapidly keep in touch with conditions in that portion of the township which is his duty to supervise and represent". This report was formalized and enacted into law on January 31, 1901 by virtue of Act. No. 82, otherwise known as the Municipal code. Soon after, on September 1, 1901, Governor General Howard Taft organized the Department of Interior to oversee the affairs of the local government units.

History of Barangay During Spanish Regime

     The Blood Compact of March 1565 entered into between Legaspi and Sikatuna formalized the autonomous nationality of Islas Filipinas. Four years later, King Philip II issued a royal decree creating the office of the Governor-General of the Philippines. Since then, the Spaniards established a highly centralized form of government with a more complex system of local government administration. Groups of Barangay were consolidated into pueblos or towns and placed under the administration of a Gobernadorcillo, pueblos in turn were grouped into provinces and placed under the supervision of Alcalde Mayor. The Barangays which existed before Magellan discovered the Philippines were, however, allowed to continue its political functions but with limited powers for its rulers.

     According to historian David Rubio, it was not Spanish policy "to trample underfoot and completely disregard existing native administration, no matter how poor it was. At the head of each barrio or local unit was a "Cabeza de Barangay".

     In 1609, Antonio de Morga reported in his Sucesos de las Islas Filipinas that the Governor-General appointed many local officials throughout the islands to carry on the reins of government and justice, and for military matters. The Encomienda system was also introduced to reward deserving persons in the Islands, to receive and enjoy for themselves the tributes of the natives who should be assigned to them. The Encomienderos were, in turn, in charge of providing security and well-being of the native particularly in spiritual and temporal matters of defending the areas where the Encomienda should be granted. The native barangay rulers, through their leadership, contributed much in strengthening the foothold of the Spanish rule in the Philippines.

     The Cabezas de Barangay were accorded special political privileges throughout the more than 300 years of Spanish rule. According to Governor Raon's "Ordinances of Good Government" promulgated in 1768, the Gobernadorcillo would be elected in the beginning of each year by the outgoing Gobernadorcillo and 12 senior Cabezas de Barangay.

     This provison was carried over in the Royal Decree of October 5, 1847 otherwise called the Municipal Election Law and slightly modified under the Maura Law of 1893 where the members of Municipal Tribunal, constitued by the town executive and four Tenientes, were chosen by 12 electors, six of which were former Cabezas de Barangays.

     Under the Spanish rule, tributes were imposed on almost every Filipino native. The Cabezas de Barangay of each locality acted as agent in the collection of tributes and in return, were exempted from taxation together with their wife and eldest son.

Prohibitions on Public Officials

A. Prohibited Business and Pecuniary Interest

B. Partisan Political Activity

C. Limitation on Appointments

D. Additional or Double Compensation

Additional or Double Compensation

     No elective or appointive local official or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of Congress, any present, emoluments, office, or title of any kind from any foreign government. Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

Limitation on Appointments

     No elective or appointive local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no elective or appointive local official shall hold any other office or employment in the government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. (Sec. 94, LGC)

     The Supreme Court in the 1993 Gordon case, ruled that the primary reason the Constitution prohibits appointment of elective officials and other government officials to other posts is to stop the concentration of several public positions in one person so that a public officer or employee may serve full-time with dedication and thus be efficient in the delivery of public services. In the case of elective officials, the prohibitions against their appointments to other posts is to prevent a situation where a local elective official will work for his appointment in an executive position in government, and thus neglect his constituents.

Partisan Political Activity

     No local official or employee in the career civil service shall engage directly or indirectly in any partisan political activity or take part in any election, initiative, referendum, plebiscite, or recall, except to vote, nor shall he use his official authority or influence to cause the performance of any political activity by any person or body. He may, however, express his views on current issues, or mention the names of certain candidates for public office whom he supports. Elective local officials may take part in partisan political and electoral activities, but it shall be unlawful for them to solicit contributions from their subordinates or subject these subordinates to any of the prohibited acts under the Omnibus Election Code.

Prohibited Business and Pecuniary Interest

     It shall be unlawful for any local government official or employes, directly or indirectly, to:

1. Engage in any business transaction with the local government unit in which he is an official, over which he has the power of supervision, or with any of its authorized boards, officials, agents, or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred, directly or indirectly, out of the resources of the local government unit to such person or firm;

2. Hold such interests in any cockpit or other games licensed by a local government unit;

3. Purchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or assessment, or by virtue of a legal process at the instance of the said local government unit;

4. Be a surety for any person contracting or doing business with the local government unit for which as surety is required; and

5. Possess or use any public property of the local government unit for private purposes.

Statement of Assets and Liabilities

     1. Who shall file - All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a disclosure of Business Interest and Financial Connections and those of their spouses and unmarried children under 18 years of age living in their household\s.

     2. Contents - The two documents shall contain information on the following:

          a.  Real property, its improvements, acquisition costs, assessed value and current fair market value;

          b.  Personal property and acquisition cost;

          c.  All other assets such as investments, cash on hand or in banks, stocks, bonds, and the like;

          d.  Liabilities; and

          e.  All business interests and financial connections.

     3. When to File

          a.  Within 30 days after assumption of office;

          b.  On or before April 30, of every year thereafter; and

          c.  Within 30 days after separation from the service.

          All public officials and employees required to file the aforestated documents shall also execute, within 30 days from the date of their assumption of office, the necessary authority in favor of the Ombudsman to obtain from all appropriate Government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests and financial connections in previous years, including, if possible, the year when they first assumed any office in the Government.

     4. Where to File - The Punong Barangay and members of the Sangguniang Barangay, including the Kabataang Barangay Chairman, shall file the sworn statement of assets, liabilities property holding and Disclosure of Business Interest and Financial Connections in the office of the Municipal or City Mayor concerned.

Duties of Public Officials

     In the performance of their duties, all public officials and employees are under obligation to:

1. Act Promptly on Letters and Requests. All public officials and employees shall, within 15 working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain he action taken on the request.
2. Submit Annual Performance Reports. All heads or other responsible officers of offices and agencies of the government and of government-owned or controlled corporations shall, within 45 working days from the end of the year, render a performance report of the agency or office or corporation concerned. Such report shall be open and available to the public within regular office hours.
3. Process Documents and Papers Expeditiously. All official papers and documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, no more than three signatories. In the absence of duly authorized signatories, the official nest-in-rank or officer-in-charge shall sign for and in their behalf.
4. Act Immediately on the Public's Personal Transactions. All public officials and employees must attend to anyone who wants to avail himself of the services of their offices and mus, at all times, act promptly and expeditiously.
5. Make Documents Accessible to the Public. All public documents must be made accessible to and readily available for inspection by the public within reasonable working hours.

Resignation of Elective Barangay Officials

     Resignation is defined as the act of giving up or the act of an officer by which he declines his office and renounces the further right to use it. To constitute a complete and operative act of resignation, the officer or employee mush show a clear intention to relinquish or surrender his position accompanied by the act of relinquishment. Resignation implies an expression of the incumbent in some form, express or implied, of the intention to surrender, renounce and relinquish the office, and its acceptance by competent and lawful authority.

     Resignation of elective barangay officials shall be deemed effective upon acceptance by the city of municipal mayor concerned.

     Copies of the resignation letters of elective local officials, together with the action taken by the aforesaid authorities shall be furnished the Department of the Interior and Local Government (DILG).

     The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen working days from receipt thereof.

     Irrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records. This provision does not apply to sanggunian members who are subject to recall elections or to cases where existing laws prescribe the manner of acting upon such resignations.

Permission to Leave of Absence

     Leave of absence of a Punong Barangay shall be approved by the city or municipal mayor, while leave of absence of sangguniang barangay members shall be approved by the Punong Barangay. Whenever the application for leave of absence is not acted upon within five (5) working days after receipt thereof, the application for leave of absence shall be deemed approved.

     Barangay appointed officials going on official travel shall apply and secure written permission from their respective Punong Barangays before departure. The application shall specify the reasons for such travel, and the permission shall be given or withheld based on considerations of public interest, financial capability of the local government unit concerned and urgency of the travel. Should the Punong Barangay concerned fail to act upon such application within four (4) working days from receipt thereof, it shall be deemed approved.

     Barangay officials traveling abroad shall notify their respective Sanggunian. When the period of travel extends to more than three months, during periods of emergency or crisis or when the travel involves the use of Public funds, permission from the Office of the President shall be secured.

Duties and Functions of Barangay Treasurer

     The Barangay Treasurer shall:

1. Keep custody of barangay funds and properties.
2. Collect and issue official receipts ofr 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 the local Government Code;
3. Disburse funds in accordance with the financial procedures provided in the Local Government 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 the Local Government code;
5. Render 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; and
8. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Qualification of the Barangay Treasurer

    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.

     The Barangay Treasurer shall be of legal age, a qualified voter, and an actual resident of the barangay concerned

     No person shall be appointed Barangay Treasurer if he is a sangguniag barangay member, a government employee, or a relative of the Punong Barangay within the fourth civil degree of consanguinity or affinity.

     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 (10,000.00), premium for which shall be paid by the barangay.

How to fill permanent Vacancy in the Barangay

Permanent vacancy by 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.

Permanent vacancy in the Sanggunian. The city or municipal mayor fills the vacancy in the Sangguniang Barangay upon recommendation of the Sangguniang Barangay concerned.

Meaning of Permanent Vacancy

     A permanent vacancy in an elective position exists when an elective official:

1. Fills a higher vacant office;

2. Refuses to assume office;

3. Fails to qualify;

4. Dies or is removed from office; and

5. Voluntarily resigns or assumed another office whether by appointment, election or succession, or otherwise is permanently incapacitated to discharge the functions of his office.

Postponement or Failure of Election

     When, for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such nature that the holding of a free, orderly and honest election should become impossible in any barangay, the Commission on Elections can postpone the election for such time as it may deem necessary.

Prohibitions During Barangay Election

Certain activities are prohibited during the barangay election period. The following are some of them:

1. Public works - The construction or maintenance of provincial, city, municipal and barangay-funded roads and bridges are prohibited for a period of ten days immediately preceding the date of the barangay election. (Sec. R.A. 6679).
2. Intoxicating Liquors - It is unlawful to sell, furnish, offer or take intoxicating liquors on the day of registration, on the day immediately preceding the election day and on election day, until the counting of votes shall have been finished.
3. Selling of merchandise - It is unlawful to open in any polling place or within a radius of 30 meters thereof, on the day of registration, on election day and during the counting of votes, booths or stalls of any kind for the sale, dispension or display of wares, merchandise or refreshments, whether solid or liquid, or for any other purpose.
4. Gambling and Sports - It is unlawful to hold on the day of registration and on election day, cockfights, boxing, horse races, or any other similar sport.
5. Unlawful Electioneering - It is unlawful to solicit votes or undertake any propaganda on the day of registration and on the day of election, for or against any candidate within the polling place and within a radius of 30 meters thereof.
6. Deadly weapons - It is unlawful to carry deadly weapons in the polling place and within a radius of 100 meters thereof during the day and hours of registration, voting and canvass. In cases of affray, tumult or disorder, any peace of public officer authorized to supervise the election may carry firearms or any other weapons for the purpose of preserving and enforcing the law.

Voluntary Renunciation of Office

     No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected.

Disqualifications of Elective Barangay Officials

The following persons are disqualified from running for any elective local position:

1. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment, within two years later after serving sentence;
2. Those removed from office as a result of an administrative case;
3. Those convicted by final judgment for violating the oath of allegiance to the Republic;
4. Those with dual citizenship;
5. Fugitives from justice in criminal or non-political cases here or abroad;
6. 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 Local Government Code.
7. Those insane or feeble-minded.

Qualification of Elective Barangay Officials

1. An elective barangay official must be a citizen of the Philippines; a registered voter in the barangay where he/she intends to be elected; a resident therein for at least one year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect.
2. Candidates for the position of Punong Barangay or member of the Sangguniang Barangay must be at least eighteen years of age on election day.
3. Candidates for the sangguniang kabataan must be at least fiteen (15) years of age but not more than twenty-one (21) years of age on election day.

Duties and Functions of Barangay Secretary

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;
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, initiative, referenda or plebiscites, in coordination with the Comelec;
5. Assist the municipal civil registrar in the registration of birth, 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 y law or ordinances;
7. Submit a report on the actual number of barangay residents as often as may be required by the sangguniang barangay; and
8. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Qualification of a Barangay Secretary

1.  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.
2. The Barangay Secretary shall be of legal age, a qualified voter and an actual resident of the barangay concerned.
3. 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.

Model Resolution Adopting The Rules of Procedure of a Sangguniang Barangay

HEADING

Excerpts from the minutes of the Regular session of the Sangguniang Barangay of Barangay ____________ held at the session hall on ________________ at ___ o'clock in the morning/afternoon.

Present:

Resolution No. ___

Series of 20__

"RESOLUTION ADOPTING THE RULES OF PROCEDURE OF THE SANGGUNIANG BARANGAY OF ________________________."

WHEREAS, Pursuant to Section 390 of the Local Government Code, the Sangguniang Barangay shall be the legislative body of the barangay and shall be composed of the Punong Barangay as presiding officer, and the seven sangguniang barangay members and the chairman of the sangguniang kabataan as members: 

NOW THEREFORE, be it Resolved, that, in order to achieve a maximum degree of efficiency during the deliberations of the Sangguniang Barangay, the following rules of procedure as mandated by Section 50, of the Local Government Code, are hereby adopted:

Rule I. OFFICERS: POWERS AND DUTIES

Rule II. SESSIONS AND QUORUM

Rule III. ORDERS OF BUSINESS

Rule IV. PASSAGE OF ORDINANCE

Rule V. MINUTES

Rule VI. MOTIONS AND THEIR PRECEDENCE

Rule VII. VOTING

Rule VIII. DECORUM AND DEBATES

Rule IX. SUPPLEMENTARY RULE

     Section 1. Any Rule of Order or procedure being adopted by other parliamentary bodies not incompatible with the aforementioned rules may be resorted to and considered supplement to these.

Rule X. DATE OF EFFECTIVITY

          Section 1. These Rule of Procedure shall take effect on the date of their adoption and shall remain in force until repealed or amended.

   Attested by:                                                                       I hereby certify to the correctness of the 

                                                                                            above quoted resolution,

    _____________________                                             _____________________

     Punong Barangay                                                             Barangay Secretary

Concurred:

Kagawad                 Kagawad                      Kagawad                      Kagawad

Kagawad                 Kagawad                      Kagawad                      SK Chairman

Rule VIII. DECORUM AND DEBATES

Section 1. Whenever a member wishes to speak, he shall rise and request the Presiding Officer to allow him to have the floor which consent shall be necessary before he may proceed.

Section 2. When several members wish to have the floor, the Presiding Officer shall recognize the one who first made the request.

Section 3. No member shall interrupt another without the latter's consent, which may not be obtained except through the Chair.

Section 4. The Presiding Officer can volunteer information only when necessary. Before participating in the deliberation of any question before the Sanggunian, he should first surrender the Chair temporarily to some other member.

Section 5. If at any time, the Presiding Officer states a point of order, or give information, or otherwise speak, within his privilege, the member speaking must take his seat till the Presiding Officer has been first heard.

Section 6. No member shall walk out or across the session hall while the Presiding Officer is addressing the Sangguniang Barangay, or while the Sanggunian is engaged in voting.

Section 7. A member who has obtained the floor shall confine himself to the question before the Sanggunian and shall avoid personalities.

Section 8. No member shall claim the floor the second time if there are others who wish to speak the first time.

Section 9. Sangguniang Barangay members shall avoid drinking alcoholic liquors before and during recess of a session.

Section 10. Only a member who has the right to vote on the question has the right to participate in the debate.

Section 11. When a general debate has been ordered, only two speeches shall be allowed each member. The member sponsoring the measure may open and close the debate. 

Rule VII. VOTING

    Section 1. No motions except on the presence of a quorum shall be entertained during the voting.

    Section 2. Any member may explain his vote when voting for a debatable motion. When the motion is not debatable no other remarks will be entertained by the chair when a member cast his vote.

    Section 3. On a vote where the affirmative and negative are equal in numbers, the motion shall be declared lost.

    Section 4. If a tie has taken place, the Punong Barangay may, at his discretion, cast the deciding vote.

    Section 5. A two-thirds vote is required to pass any of the following motions:

         a. To limit, extend or close a debate.

         b. To amend any part of the adopted Rules.

         c. To suspend the Rules.

         d. To suspend or recommend the expulsion of any member for cause.

    Section 6. No member could be compelled to vote, he may however abstain.

    Section 7. The motion to reconsider can be made only by the member who voted on the prevailing side. Any member who abstained from voting shall have no right to ask for reconsideration.

    Section 8. No member can vote on a question in which he has a direct or personal pecuniary interest.

   

Rule V. MINUTES

Section 1. CONTENTS OF THE MINUTES. The Minutes must clearly show:

a. The date, place and time, of holding the meeting;

b. Whether regular or special and if special, a copy of the call for such meeting;

c. The names of members present and absen;

d. Whether the minutes of the preceding meeting were read and approve;

e. Every resolution in full;

f. If the resolution is not carried unanimously, a brief statement of the minority opinion; and

g. The original copies of the minutes must be signed by the members of the Sangguniang Barangay present in the meeting to show those who voted for or against the proposition.

Section 2. NUMBERING OF ORDINANCES AND RESOLUTIONS. Ordinances and resolution of the Sangguniang Barangay shall be numbered consecutively throughout the calendar year. The numbers of resolutions should be written on the right-hand margin, opposite the first line of the resolution, while the numbers of ordinances should be written in the center and immediately above the firs line of the ordinance. The number of the pages should be written in the middle of the top of the page.

Section 3. MANNER OF MAKING REFERENCE TO RESOLUTIONS OF THE SANGGUNIANG BAYAN. In the minutes of the Sangguniang barangay, reference to resolutions of the Sangguniang Bayan and executive orders of the Municipal Mayor received should be by date, number, and title or purpose, it not being necessary to copy them verbatim in the minutes. The resolutions of the Sangguniang Bayan received approving ordinances and resolutions of a Sangguniang barangay should be embodied in one resolution, while those requiring other action should each be made the subject of a separate resolution.

Rule VI. MOTIONS AND THEIR PRECEDENCE

Section 1. PRIVILEGE AND SUBSIDIARY MOTIONS. When a question is under debate, no motion shall be entertained, except the following and in the order in which they appear below:

a. Motion to adjourn

b. Motion to declare a recess

c. Motion to lay on the table (Postpone temporarily)

d. Motion to postpone to a certain day

e. Motion to refer to the corresponding committee.

f. Motion to amend the main motion

g. Motion to postpone indefinitely the consideration of any business

Section 2. QUESTION OF PRIVILEGE. Questions relating to the rights and privileges of the sangguniang Barangay or to any of its members, shall take precedence over all motions except motions relating to adjournment and recess. This may involved the following:

a. Those relating to the organization of the Sangguniang Barangay.

b. Those relating to the comfort of the members of the Sanggunian, like seating, lighting, ventilation and other inconveniences of the session hall.

c. Those relating to the freedom from noise and conduct of other persons inside the session hall.

d. Those relating to punishment of a member for disorderly conduct or other offense.

e. Those relating to the accuracy of published reports of proceedings, which may include clerical errors and legibility of a published report.

Section 3. INCIDENTAL MOTIONS. The following motions shall take precedence of any motion, to which they are incidental and must be decided before any other business is taken up.

a. Point of Order - Any Sangguniang Barangay Member may interrupt a speaker to bring to the attention of the Presiding Officer any matter involving an error in procedure or violation of the Rules. It shall be discretional on the Presiding Officer's part to submit to the Sanggunian for resolution any point of order which may be raised.

b. Parliamentary Inquiry - Any request for information is in order if they are pertinent to the pending question.

c. Withdraw a motion - A motion by the Sponsor requesting he removal of his main motion from the consideration of the Sanggunian shall be in order before its amendment and before a decision is had thereon.

d. Suspend the Rules - The rules shall be suspended when a motion presented to that effect is approved by two-thirds of the members present.

All the foregoing motions shall be undebatable and unamendable.

Rule IV. PASSAGE OF ORDINANCE

Section 1. COPIES OF ORDINANCE. Proposed ordinance shall be typewritten in double space and prepared in as many copies as is necessary; the original of the proposed ordinance shall be submitted by its author to the Sangguniang Secretary who shall include the same in the agenda of the next session for reference to the proper committee. The remaining copies shall be distributed to the members of the Sangguniang Barangay.

Section 2. CONTENTS OF PROPOSED ORDINANCES. Proposed ordinances and resolutions shall contain an assigned number, a title or caption, an enacting or ordaining clause, and the date of its proposed effectivity. Proposed ordinances shall be accompanied by explanatory notes containing justifications for their passage and shall be signed by the author or authors.

Section 3. COMMITTEE REPORT. After consideration of the proposed ordinance, the committee concerned shall submit its report to the ordinance committee. In case the report is favorable, the proposed ordinance as recommended by the committee shall be calendared for discussion. If the report is unfavorable, the matter shall be laid on the table for further study and revision by its sponsor.

Section 4. PASSAGE OF ORDINANCE. The affirmative vote of a majority of the Sangguniang Barangay members shall be necessary for the passage of an ordinance or of any proposition creating indebtedness.

Section 5. RECORDING OF ORDINANCE. Upon the passage of all ordinances, resolution or motions directing the payment of money or creating liability, and, at the request of any member, the Sanggunian shall take and record "ayes" and "nays". Each approved ordinance, resolution of motion shall be stamped with the seal of the Sanggunian and recorded in a book kept for the purpose.

Rule III. ORDER OF BUSINESS

Section 1. ORDER OF BUSINESS - The order and business of the Sangguniang Barangay shall be as follows:

A. Roll call of members.

B. Declaration of the existence of a quorum.

C. Call to order.

D. Approval of the minutes of the preceding session.

E. Reading of the communications received.

F. committee reports, if any.

G. Business for the day.

H. Other business.

I. Adjourment.

Section 2 AGENDA - Matters that may be taken up in the session shall be limited only to those items listed in the agenda.

Section 3. APPEARANCE BEFORE THE SANGGUNIANG BARANGAY. Only persons with prior permission from the Barangay Secretary shall be allowed to appear and speak before the Sanggunian.

Section 4. MATTERS REFERRED TO COMMITTEES. Any measure appearing in the agenda for reference to the corresponding committee shall not be subject to debate or discussion, prior to final action.

Section 5. URGENT MATTERS. Urgent matters which may be brought to the attention of the Sangguniang Barangay, the delay in the consideration of which shall prejudice activities of the government, may be discussed in the session without being listed in the agenda.

Rule II. - SESSIONS AND QUORUM

Sec. 1. SESSION. - The Sangguniang Barangay shall hold regular sessions twice a month and also such number of special sessions as may be called by the Punong Barangay or by any other four members of the Sangguniang Barangay at any time.

A. Unless the sangguniang Barangay orders, otherwise, the Punong Barangay shall inform the Sanggunian members that regular sessions shall take place on certain specific dates and time.

B. Regular sessions of the Sangguniang Barangay shall be public and the person presiding has the authority to exact from all present the respect and proper deportment.

C. As often as necessary when public interest so demands, special sessions may be called by the Punong Barangay or majority of the members of the sanggunianl. No two (2) sessions shall be held in one day.

D. In case of special sessions, a written notice to the Sanggunian members, stating the day, time and purpose of the meeting shall be served personally or left with a member of the household.

E. Unless otherwise agreed upon by two-thirds (2/3) vote of the members present, there being a quorum, no other matter may be considered at a special meeting except those stated in the notice.

F. The Presiding officer shall open the session by calling the Sanggunian to order.

Sec. 2. QUORUM. - The majority of the Sangguniang Barangay members shall constitute a quorum, and in its absence, the business of the sanggunian shall not be discussed.

A. The Punong Barangay shall not be counted in making a quorum.

B. In the event of the inability of the Punong Barangay to preside at a regular or special session where there is quorum, a temporary presiding officer shall be elected from among the members present who shall not vote even in case of a tie but shall certify within ten (10) days from their adoption all ordinances, resolutions, and motions enacted or adopted by the sanggunian.

C. When a quorum is lacking, a majority of those in actual attendance may adjourn from time to time and may enforce immediate attendance of any member absent.

D. If there is still no quorum inspite of the above, no other business shall be transacted and the presiding officer upon proper motion or a majority of the members present shall declare the meeting adjourned for lack of quorum.

E. Should a question of lack of quorum be raised, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.

F. Absent members shall explain their absence during the next meeting.

Rule I. Officers: Powers and Duties

SEC. 1. OFFICERS, - The following shall be the officers of the Sangguniang Barangay.
A. Punong Barangay - He shall preside at the meeting of the Sangguniang Barangay.

1. Powers and Duties- the powers and duties of the Presiding Officer, in addition to those already vested upon him by law, shall be as follows:

             a. To preside over the session of the Sangguniang Barangay.
             b. To decide all points of order.
             c. To preserve order and decorum during the session.
             d. To announce the business in the order in which it is to be acted upon by the Sanggunian.
             e. To entertain only one motion at a time and state all motions properly.
             f. To recognize only member who is entitled to the floor.
             g. To call a special meeting by giving written notice of it to each member of the Sangguniang
                 Barangay.
             h. To appoint, with the approval of the Sanggunian the chairman of the standing and special
                 committees which may be authorized by the Sangguniang Barangay.

B. Secretary - The Barangay Secretary shall be he clerk of the Sangguniang Barangay and shall perform such duties as the Sanggunian shall by ordinance prescribe.

1. The duties of the Secretary, in addition to those already prescribed by law, shall be as follows:

           a. To attend all sessions of the Sanggunaing Barangay.
           b. To send out proper notices of all called sessions, other meetings and public hearings.
           c. To transmit to the proper committees all matters referred to them by the Sanggunian.
           d. To prepare and certify the minutes of the Sangguniang Barangay.
           e. To read all correspondence and resolutions which are required by the Sanggunian or by the
               Presiding Officer.
            f. To forward to the Sangguniang Panlunsod or Sangguniang Bayan, a correct copy of each
                resolution and approved ordinance within ten (10) days after the session of the Sangguniang
                Barangay.
            g. To carry out or enforce orders of the Sangguniang Barangay when such duty devolves upon him.

Constitutional Provision on Public Officials

Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve with the utmost responsibilities, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

A public servant must exhibit at all times the highest sense of honesty and integrity. As a recipient of a public trust, he is obliged to do the duties of his office honestly, faithfully, and to the best of his ability. As a trustee for the public, he must demonstrate courtesy and civility in his official actuations with the public. He must use reasonable skill and diligence in performing his official duties, particularly where rights of individuals may be jeopardized by his neglect. He is bound virtute offici, to bring to the discharge of his duties that prudence, caution and attention which careful men usually exercise in managing their own affairs.

"Public offices are intended primarily for the collective protection, safety, and benefit of the common good. They cannot be compromised to favor private interest." (Chief Justice Marcelo B. Fernan).

Duties of the Sangguniang Barangay Members to Maintain Peace and Order

The Local Government Code grants the Sangguniang Barangay members the power to act as peace officers in the maintenance of public order in the barangay.

Role of the Punong Barangay as Peace Officer:

1. Lead Emergency Group - The Punong Barangay is empowered to organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order within the barangay.
2. Assist Municipal Officials - The Punong Barangay is duty bound to maintain public order in the barangay and to assist the Municipal or City Mayor and the Sangguniang Bayan or Sangguniang Panlungsod members, who are assigned to take charge of their district, in the performance of their duties in such barangay.
3. Possess and Carry firearms - In the performance of his peace and order functions, the Punong Barangay is entitled to possess and carry the necessary firearms within his territorial jurisdiction, subject to existing rules and regulations on the possession and carrying of firearms.

Under the Department of National Defense, Department of Local government and Integrated National Police Joint Memorandum Circular dated September 15, 1975, barangay officials in collaboration with the Integrated National Police (now PNP) and relative to the maintenance of peace and order and public safety in the barangay, the barangay officials shall have the following duties as peace officers:

1. Report immediately to the law enforcement or police authorities concerned the occurrence of any crime, accident, public disturbance or public nuisance of which he has personal knowledge or which may have been brought to his attention;
2. Report immediately to the law enforcement or police authorities the presence of any known criminal or suspicious character in his jurisdiction;
3. Conduct surveillance on suspicious activities or group movements in his district or Barangay to report immediately to the police authorities any positive finding or information he might gather;
4. Conduct surveillance of crime-breeding areas in the barangay and report his observation to the law enforcement or police authorities;
5. Assist law enforcement or police authorities in tracing the whereabouts of missing persons, arresting escaped prisoners and other fugitives from justice, and recovering stolen properties or confiscating contrabands;
6. Assist law enforcement or police authorities in the service or execution of warrants and other judicial processes; and
7. Coordinate closely with and actively assist law enforcement or police authorities in the drive against all forms of vice, smuggling, carnapping, drug traffic and addiction, juvenile delinquency, violations of special laws, and all other forms of lawlessness.

Persons In Authority

      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 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.

The Katarungang Pambarangay Law

The concept of "neighborhood paralegal committee" was first advocated by the Chief Justice of the Supreme court Fred Ruiz Castro in one of his speeches in 1976. Official recognition of the value of this innovative concept of settling disputes came with the promulgation of Presidential Decree No. 1293 on January 27, 1978 which created a commission charged "with the duty of studying the feasibility of instituting a system of resolving disputes among family and barangay members at the barangay level without recourse to the courts".

The work of the Commission was assigned to a technical committee organized by virtue of Administrative Order No. 12 issued by the Chief Justice. This committee formulated the rules and procedural guidelines that was to be incorporated in the draft of the proposed law on resolving disputes among barangay members. The draft of the Katarungang Pambarangay Law was submitted ot the President and this was signed into law on June 11, 1978 as Presidential Decree No. 1508. This law formally organized and institutionalized a system of amicably settling disputes at the barangay level. For the last thirteen years it was successfully implemented as envisioned by its authors.

With the enactment of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, the Katarungang Barangay Law is given added force by including within its scope all offenses punishable by imprisonment of not exceeding one year or a fine not exceeding five thousand pesos. This law also takes into cognizance the role of elders and the council of datus in settling disputes among members of indigenous cultural communities adopting local systems. To give more responsibility to Lupon members, Republic Act No. 7160 extends their term of office to three years and it also mandates the Department of Interior and Local Government to provide for a system of granting economic or other incentives to the Lupon or Pangkat members who adequately demonstrate the ability to judiciously and expeditiously resolve cases referred to them.

(Based from Barangay Administration Handbook)

The Ordinances and Resolutions

Legislative actions of a general and permanent character are enacted in the form of ordinances, while those which are of temporary character are passed in the form of resolutions. Matters relating to proprietary functions and to private concerns are also acted upon by resolution.

One essential difference between a resolution and an ordinance is that a resolution is merely for the translation of the current business of the government unit and has no permanent value, for it deals only with matters of special and temporary character, whereas an ordinance prescribes some permanent rules of conduct of government which have the force and effect of law, to continue in force until repealed or superseded by subsequent enactment.

These are the effects of resolutions and ordinances. A resolution adopted for a particular and temporary purpose, continues, as a rule, for a reasonable period only, and in such case, a formal repeal is not required to terminate its operation. But if the resolution is in effect an ordinance, and has the force of a local law, it continues to operate until legally rescinded. The fact that the ordinance is not enforced, and is repeatedly violated, has no effect whatever on its force as law. The corporate authorities have no power to suspend an ordinance nor to authorize a violation of it.

Local ordinances of a general nature are binding upon all persons within the corporate limits, whether residents or not. The principle is that whoever comes to reside in any place for however short a duration of time, is an inhabitant prohoc vice, and consequently bound by the same regulations as the other members of the corporation or community.

The 8 Norms of Conduct of Public Officials and Employees (Section 4 (A), RA 6713)

Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:

1.       Commitment to public interest – Always uphold the public interest over personal interest. Avoid wastage in public funds and revenues. Ensure that government resources and powers are employed and used efficiently, effectively, honestly and economically.

2.       Professionalism – Perform and discharge your duties with the highest degree of excellence, professionalism, intelligence and skill. Enter public service with utmost devotion and dedication to duty. Discourage wrong perception of your role as dispenser or peddler of undue patronage.

3.       Justness and sincerity – Remain true to the people at all times. Act with justness and sincerity, and do not discriminate against anyone, especially the poor and the underprivileged. Refrain from doing acts contrary to law, good morals, good customs, public policy, pubic order, public safety and public interest. Do not dispense or extend undue favors on account of your office to your relatives, whether by consanguinity or affinity, except with respect to appointments of such relatives to positions considered strictly confidential or as members of your personal staff whose terms are coterminous with yours.

4.       Political neutrality – Provide service to everyone without unfair discrimination regardless of party affiliation or preference.

5.       Responsiveness to the public – Extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or hen required by the public interest, you shall provide information on your policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.

6.       Nationalism and patriotism – always be loyal to the Republic and o the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. Endeavor to maintain and defend Philippine sovereignty against foreign intrusion.

7.       Commitment to democracy – Commit yourself to the democratic way of life and values. Maintain the principle of public accountability and manifest by deeds the supremacy of civilian authority over the military. Always uphold the constitution and put loyalty to country above loyalty to persons or party.

8.       Simple living – You and your family shall lead modest lives appropriate to your positions and income. Do not indulge in extravagant or ostentatious display of wealth in any form.

Barangay Development Council (BDC)

The Barangay Development Council (BDC) is a planning and coordinative body in the barangays. It is mandated by law to assist the sangguniang barangay in setting the direction of economic and social development and in coordinating development efforts within the barangay. This is headed by the Punong Barangay as chairman, and shall be composed of the following members:

1.       Members of the Sangguniang Barangay;

2.       Representatives of non-government organizations (NGO’s) and people’s organization (POs) operating in the barangay, who shall constitute not less than one fourth (1/4) of the members of the fully organized council.

3.       A representative of the congressman [Section 107(a), RA7160] .

How shall the NGOs and POs be represented in the barangay development council? Within a period of sixty (60) days from the start of the organization of the barangay development council, the NGOs and POs shall choose from among themselves their representatives to said council. The Sangguniang Barangay shall accredit NGOs and POs subject to such criteria as may be provided by law.

The Punong Barangay determine the need to reconstitute the council based on changes in the composition of the sangguniang barangay after the election, change of barangay secretary who shall serve as the council’s secretariat, performance of NGO and PO representatives in the previous administration, or change of the representative of the congressman. For instance, if in the past, some of the NGO and PO representative never attended the council’s meetings and never participated in the activities of the council; the Punong Barangay need to decide if they should remain as members of the council.

The council’s frequency of meeting (Sec.110) is at least once every six (6) months, and its functions include the following (Sec.109b):

1.       Mobilize people’s participation in local development efforts

2.       Prepare barangay development plans

3.       Monitor and evaluate the implementation of national and/or local programs and project, and

4.       Perform such other functions as may be provided by law or competent authority (Section 109-b of RA 7160).

Supposing the council is not in session the Barangay Development Council Executive Committee shall represent the Council and act on its behalf when it is not in session. The council’s executive committee is chaired by the punong barangay and has two members, namely: (1) a representative of the sangguniang barangay (2) a representative of the NGOs or POs represented in the council.

It is advisable that the representative of the sangguniang barangay in the council’s executive committee is the chair of the sanggunian’s committee on appropriations. This will facilitate the preparation and approval of the annual and supplemental budgets as barangay budgets have to operationalize the approved barangay development plan (Section 305-I of RA7160).

The barangay development council executive committee shall exercise the following powers and functions (Sec. 111b):

·         Ensure that decisions of the council are faithfully carried out and implemented.

·         Act on matters requiring immediate attention or action by the council.

·         Formulate policies, plans, and programs based on the general principles laid down by the council.

·         Act on any other matter that may be authorized by the council.