Wednesday, July 31, 2013

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.

Monday, July 29, 2013

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.

Friday, July 26, 2013

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.

Saturday, July 6, 2013

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.

Tuesday, July 2, 2013

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)

Monday, July 1, 2013

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.