QuestionsQuestions (Republic Act No. 3590)
A barrio is a unit of a municipality or municipal district and a quasi-municipal corporation endowed with powers for specified governmental functions, exercisable through its barrio government in conformity with law.
Upon petition of a majority of the voters in the affected areas, the provincial board may create a new barrio or change the name of an existing one upon recommendation of the municipal council, embodied in a resolution approved by at least two-thirds of the entire membership of that municipal council.
No barrio may be created if its population is less than 500 persons, and barrios shall not be created from chartered cities or poblaciones of municipalities.
Municipal councils determine boundaries within six months after the passage of the Act, assisted by Provincial Assessors and the Director of Lands (or deputies). Boundary disputes within the same municipality are decided by the municipal council with appeal to the provincial board; disputes between different municipalities are treated as municipal boundary disputes; disputes between different provinces and/or chartered cities are treated as provincial boundary disputes.
All property rights of the barrio whose boundaries are altered vest in the barrio in which the property is situated after the alteration.
Persons who are residents of the barrio for at least six months, at least 18 years of age, citizens of the Philippines, and duly registered in the list of barrio assembly members kept by the barrio secretary.
For business and official action, at least one-fifth of the barrio assembly members must be present to constitute a quorum, and all actions require a majority vote of those present at the meeting.
At least one week prior notice is required, except in matters involving public safety or security where notice within a reasonable time is sufficient.
To recommend measures for the welfare of the barrio; to decide on holding a plebiscite; to act on budgetary/supplemental appropriations and special tax ordinances submitted by the barrio council for approval; and to hear the annual report of the barrio council.
A plebiscite may be held when authorized by a majority vote of the barrio assembly members present (with quorum) or when called by at least four members of the barrio council; it cannot be held until after 30 days from approval and must have widest publicity.
The barrio council has one barrio lieutenant and six barrio councilmen. A regular election is held on the second Sunday of January immediately following regular elections for municipal and provincial officials (or within January if necessary), with office terms of four years until successors are elected and qualified.
Registration of new voters occurs on the first Sunday of January of the election year by the board of election tellers. Candidates file certificates of candidacy not later than the first Sunday of January; alternatively, any five registered voters may file certificates of candidacy for any qualified person.
Those sentenced by final judgment to suffer one year or more of imprisonment within two years after service; those who violated allegiance to the Republic of the Philippines; and insane or feeble-minded persons.
If no special election is held for permanent vacancy or if no qualified candidate is elected, the councilman with the highest votes assumes office. If incapacitated/refuses, the next highest vote-getter succeeds, until filled. It also covers ties (barrio council decision) and abandonment (failure/refusal to assume without lawful cause within six months).
The mayor supervises by receiving and investigating sworn complaints against barrio officers for neglect of duty, oppression, corruption or misconduct, and conviction for crimes involving moral turpitude. For minor delinquency the mayor may reprimand; for more severe cases the mayor submits written charges to the municipal council, which may suspend pending action upon recommendation (with limits on suspension duration), and decisions are appealable to the provincial board, whose decision is final.
A barrio ordinance takes effect on the date fixed, otherwise 60 days after passage unless a plebiscite is called; if confirmed by plebiscite, it takes effect 15 days after confirmation (not earlier than the date fixed in the ordinance). Copies must be furnished the municipal council for review. If municipal council finds inconsistency, it returns for adjustment/amendment/repeal; disputes go to the provincial fiscal for final action.