Friday, September 27, 2013

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     During the American Regime, local governments were first set up by General Order No. 43, series of 1899 and later superseded by General Order No. 40, series of 1900.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.

Wednesday, September 25, 2013

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.

Monday, September 23, 2013

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.

Sunday, September 8, 2013

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.