Barangay (1st part) - ALMIROL

ROLE AND ROLE AND CREATION OF CREATION OF BARANGAYBARANGAY

BARANGAYBARANGAY

Is the basic political unit which serves as the primary planning and implementing unit of the 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. (Section 384, RA 7160)

LAW GOVERNING BARANGAYLAW GOVERNING BARANGAY

The LOCAL GOVERNMENT CODE OF 1991 and its IMPLEMENTING RULES AND REGULATIONS

SCOPE OF LG CODE & THE SCOPE OF LG CODE & THE RULESRULES

Apply to all Local Government Units (LGUs) and other political subdivisions as may be created by law and to the extent herein provided to officials/offices, or agencies of the national government. In case of the LGUs of autonomous regions, the Code shall also apply until such time as the regional government concerned shall have enacted their own Local Government Code.

MANNER OF CREATIONMANNER OF CREATION

A barangay may be created, divided, merged, abolished or its boundaries substantially altered by law, or by an ordinance of the Sangguniang Panlalawigan or Panlungsod, subject to approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC.

MANNER OF CREATIONMANNER OF CREATION

In case of the creation of barangays by the Sangguniang Panlalawigan, the recommendation of the Sangguniang Bayan concerned shall be necessary. Notwithstanding the population requirement, a barangay may be created in the indigenous cultural communities by Act of Congress upon recommendation of the LGUs concerned where the cultural community is located (RA 7160, Section 385)

PROCEDURE FOR CREATING BARANGAYPROCEDURE FOR CREATING BARANGAY

1. Petition – written petition of the majority of the registered voters residing in the area or resolution of the sangguniang barangay shall be presented to the sangguniang panalalawigan upon recommendation of the sangguniang bayan concerned, or to the sangguniang panlungsod, for appropriate action


2. Documents to support petition 2.1. NSO certification as to population of the

proposed barangay and that its creation will not reduce the population of the original barangay less than the prescribed minimum

2.2. Map of the original barangay or barangays indicating the areas to be created into a new barangay & technical description certified by LMB or city/municipal assessor

All costs incurred in the production of the required documents shall be borne by the petitioning LGU.


3. Comments on petition – The presiding officer of the sangguniang bayan shall require the sangguniang barangay of the original barangay to submit comments on the proposed creation within 20 days after receipt of said petition or resolution which shall serve as basis for recommending appropriate action to the sangguniang panlalawigan


4. Action on petition – within 15 days from submission 7 other required supporting documents, take action granting or denying the petition

4.a. Approval by 2/3 of all sangguniang panlalawigan/panlungsod members.

The ordinance shall identify by metes and bounds or by natural resources, the territorial jurisdiction of the new barangay and fix the date of the plebiscite conducted by COMELEC to ratify the creation of new barangay

4.b. A denial shall in the form of a resolution stating clearly the facts 7 reasons for such denial


5. Submission of ordinance to the Comelec – The secretary of the sangguniang panlalawigan/panlungsod shall furnish the Comelec with signed official copy of the ordinance within 30 days before the plebiscite.


6. Conduct of information campaign – the Comelec shall conduct intensive information campaign at least 10 days prior to plebiscite


7. Submission of the plebiscite results – 7 days after the plebiscite, the city/municipality concerned shall submit the Certificates of Canvass of Votes Cast, statement of Affirmative & Negative Votes, Abstentions Cast in every voting center

Submit the provincial/city ordinance creating the barangay to the Comelec & DILG Central Office for inclusion in the Masterlist of Barangays

REQUISITES FOR CREATIONREQUISITES FOR CREATION

The territory to be created should be contiguous or physically in contact with each other. However, if the territory is composed of two or more islands, they do not have to be contiguous.


The territory has a population of at least 2,000 inhabitants except the municipalities and cities within Metro Manila area and other metropolitan political subdivisions or in a highly urbanized cities where such territory shall have a population of at least 5,000 inhabitants. Such population shall be duly certified by the National Statistics Office (NSO).


The creation of a new barangay shall not reduce the population of the mother barangay to less than the minimum requirement.

The territorial jurisdiction of the new barangay shall be properly identified by metes and bounds or by natural boundaries.

CHANGE OF NAMES OF BARANGAYCHANGE OF NAMES OF BARANGAY

Section 13 (d), RA 7160- None of the foregoing local government units, institutions, places, or buildings shall be named after a living person, nor may a change of name be made unless for justifiable reason and may not often than once in every ten (10) years.

INTERNAL REVENUE ALLOTMENT SHAREINTERNAL REVENUE ALLOTMENT SHARE

Financial requirements of barangays created by local government units after the effectivity of this Code shall be the responsibility of the local government unit concerned. (RA 7160, Section 285)

SETTLEMENT OF BOUNDARY DISPUTES SETTLEMENT OF BOUNDARY DISPUTES BETWEEN BARANGAYS IN THE SAME BETWEEN BARANGAYS IN THE SAME

CITY/MUNICIPALITYCITY/MUNICIPALITY

The Sanggunian Panlungsod/Bayan hears and decides the disputes for the purpose of arriving at an amicable settlement.



In the event the Sanggunian fails to effect an amicable settlement within sixty (60) days from the date the dispute was referred thereto, it shall issue certification referred to above.



The disputes shall be formally tried by the Sanggunian concerned, which shall decide the issue within sixty (60) days from the date of the certification referred to above.

BARANGAY BARANGAY OFFICIALS AND OFFICIALS AND

OFFICESOFFICES

Section 387Section 387Chief Officials and Chief OfficersChief Officials and Chief Officers

There shall be in each barangay a punong barangay, seven (7) sangguniang barangay members, the sangguniang kabataan chairman, a barangay secretary and a barangay 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 governement in accordance with the needs of public services, subject to the budgetary limitations on personal serices prescribed under Title five, Book II of this code.

Section 387Chief Officials and Chief Officers

BARANGAY ASSEMBLY

LUPONG TAGAPAMAYAPA SK

SANGGUNIANG BARANGAY

TREASURER

Barangay Peace & Order

Committee (BPOC)

Barangay Development Council (BDC)

Barangay Disaster Coordinating

Committee (BDCC)

Barangay Nutrition Council

(BNC)

Barangay Anti-Drug Action Committee (BADAC)

Barangay Solid Waste

Management Committee (BSWMC)

Barangay Physical Fitness

Sports Dev’t Council

(BPFSDC)

Barangay

Tanods

Barangay Council for the Protection

of Children (BCPC)

Barangay Human Rights Action

Officer (BHRAO)

PUNONG BARANGAY

SECRETARY

SEC. 388. 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.

Chapter 3. The Punong Chapter 3. The Punong BarangayBarangay

SEC. 389. Chief Executive: Powers, Duties, and Functions. ‐ (a) The punong barangay,as the chief executive of the barangay government, shall exercise such powers and perform such duties and functions, as provided by this Code and other laws.

(b) For efficient, effective and economical governance, the purpose of which is thegeneral welfare of the barangay and its inhabitants pursuant to Section 16 of this Code, 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 cityor 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 necessaryfor the maintenance of peace and order or on occasions of emergency or calamitywithin 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 this Code;

(11) Exercise general supervision over the activities of the sangguniang kabataan;

(12) Ensure the delivery of basic services as mandated under Section 17 of this Code;

(13) Conduct an annual palarong barangay which shall feature traditional sportsand disciplines included in national and international games, in coordination withthe Department of Education, Culture and Sports;