Status and general powers of barrios
- Barrios are units of municipalities or municipal districts in which they are situated.
- Barrios are quasi-municipal corporations endowed with powers for the performance of particular government functions.
- Barrio powers must be exercised through their respective barrio governments and in conformity with law.
- Barrios, in their proper corporate name, may sue and be sued, contract and be contracted with, and acquire and hold real and personal property for the purposes specified in the Act.
- Barrios may generally exercise powers conferred upon them by the Act or by other law.
Creation of new barrios and boundaries
- All barrios existing at the time of passage fall under the provisions of the Act.
- A new barrio may be created or the name of an existing barrio may be changed upon petition of a majority of the voters in the affected areas.
- Creation or renaming is done by the provincial board upon recommendation of the council of the municipality or municipalities where the proposed barrio is situated.
- The municipal recommendation must be embodied in a resolution approved by at least two-thirds of the entire membership of the municipal council.
- No new barrio may be created if its population is less than five hundred persons.
- Barrios cannot be created, boundaries cannot be altered, and names cannot be changed except under the provisions of this Act or by Act of Congress.
- Boundary disputes between barrios within the same municipality are heard and decided by the municipal council, subject to appeal within thirty days from receipt of notice of the decision by the concerned barrio council; the provincial board’s decision is final.
- Boundary disputes between barrios belonging to different municipalities are treated as boundary disputes between municipalities under existing law.
- When boundaries are altered, all property rights of the affected barrios vest in the barrio where the property is situated after the alteration.
Barrio assembly: membership, meetings, voting
- The barrio assembly consists of all persons who are:
- qualified electors,
- duly registered in the list of barrio assembly members kept by the secretary, and
- have been residents of the barrio for at least six months.
- The barrio assembly must meet at least once a year to hear the annual report of the barrio council on activities and finances.
- It must also meet when barrio council members are to be elected and/or at the call of the barrio council, or upon written petition of at least one-fifth of the members of the barrio assembly.
- For official action, a quorum consisting of at least one-third of the barrio assembly members must be present.
- Raising of taxes, payment of compensation, and solicitation of voluntary contributions require a two-thirds vote of those present at a quorum meeting.
- All other actions require a majority vote of those present at a quorum meeting.
- No barrio assembly meeting may take place unless notice is given one week prior, except in matters involving public safety or security, where notice within a reasonable time is sufficient.
- The barrio lieutenant presides at all barrio assembly meetings.
- The barrio council secretary is secretary of the barrio assembly; in absence or inability, the assistant barrio council secretary discharges the secretary duties.
- Before election and qualification of a permanent barrio council secretary and assistant secretary, the barrio lieutenant may designate a temporary barrio assembly secretary.
Powers and organization of the barrio council
- Each barrio has a barrio council with these members:
- barrio lieutenant,
- barrio treasurer,
- four council members,
- vice barrio lieutenants, in number equal to the number of sitios; or if no sitios exist, one vice barrio lieutenant for every two hundred inhabitants of the barrio.
- No person may be elected vice barrio lieutenant unless he is a resident of the sitio he represents.
Election of barrio council officers
- The barrio lieutenant, barrio treasurer, vice barrio lieutenants, and the four council members are elected at a meeting of the barrio assembly.
- Elections occur on the second Sunday of January of even-numbered years.
- If the meeting is not held on the second Sunday of January, it may be held on any day thereafter within January as determined by the barrio council.
- The meeting is called by the barrio lieutenant, who presides.
- A board of three election tellers conducts the election and counts votes; one teller must be a school teacher and acts as chairman.
- All members of the barrio assembly have the right to vote in barrio council elections.
- Voting is by secret ballot, except open voting may be allowed if two-thirds of the qualified voters present decide so.
- No votes may be cast by proxy.
- Candidates receiving the highest number of votes for each position are elected and assume office immediately after taking the oath of office before an authorized person.
- Ties are resolved by drawing lots, and the winner is proclaimed.
- Disputes on procedure before balloting are decided by the board of election tellers.
- Disputes over barrio elections must be brought before the justice of the peace court of the municipality concerned, using as closely as possible the procedure for inferior courts under Rule 4, Rules of Court.
- The justice of the peace court decision is appealable under the Rules of Court to the court of first instance, whose decision is final on questions of fact.
- Barrio council members serve for two years from election and qualification, or until successors are elected and qualified.
- No person may be elected to the same position for more than three consecutive terms.
- After two years have elapsed from the expiration of the last term, the person becomes eligible for election again to the same position.
Qualifications for election
- Candidates must be:
- qualified electors,
- residents of the barrio for at least six months prior to the election.
- Candidates must not have been convicted of:
- a crime involving moral turpitude, or
- a crime carrying a penalty of at least one year’s imprisonment.
Supervision and disciplinary control
- The municipal mayor supervises barrio officials.
- The municipal mayor must receive and investigate sworn complaints against barrio officers for:
- neglect of duty,
- oppression,
- corruption, or
- other misconduct in office,
- and for conviction by final judgment of any crime involving moral turpitude.
- For minor delinquency, the municipal mayor may reprimand the offender.
- For more severe punishment, the municipal mayor must submit written charges to the municipal council, furnishing a copy to the respondent either personally or by registered mail.
- The municipal mayor may suspend the officer pending municipal council action if the charge affects the officer’s integrity, but suspension may not exceed thirty days.
- If suspension is effected, written charges must be filed within five days with the municipal council.
- The municipal council must adopt the procedure specified in sections twenty-one hundred eighty-nine to twenty-one hundred ninety of the Revised Administrative Code.
- Municipal council decisions are appealable within ten days from notice to the provincial board, whose decision is final.
Rights, duties, and privileges of officials
- The barrio lieutenant (or in his absence or inability, the vice barrio lieutenant designated by the barrio council) must:
- maintain public order and assist the municipal councilor in the barrio,
- preside over barrio assembly and barrio council meetings,
- organize a fire brigade,
- organize and lead an emergency group when needed for peace and order,
- approve vouchers for disbursement of barrio funds,
- attend conventions of barrio lieutenants,
- enforce laws and ordinances in the barrio,
- sign and enter into contracts with barrio council approval.
- Vice barrio lieutenants are peace officers and must take charge of maintenance of public order in their respective sitios.
- Council members must attend barrio council meetings and cooperate with the barrio lieutenant and vice barrio lieutenants.
Privileges of incumbent barrio lieutenants
- Incumbent barrio lieutenants have additional preferences if they properly served, shown by a resolution of the barrio council and other equal qualifications.
- They have preference in appointments in any government office, agency, instrumentality, or government-owned or controlled corporation.
- They have preference to purchase public lands and government-owned or managed agricultural farms or subdivisions.
- They have preference to obtain homesteads, concessions and franchises, and other privileges for exploitation of natural resources permissible under existing laws.
- Permanently incapacitated incumbent barrio lieutenants from sickness, disease, or injury incurred in line of duty receive necessary hospitalization and medical care from government hospitals free of charge.
- Incumbent barrio lieutenants with children attending public elementary and intermediate schools are exempted from paying the corresponding tuition fees.
Barrio council powers, ordinances, and punishments
- The barrio council may promulgate barrio ordinances not inconsistent with law or municipal ordinances.
- Barrio ordinances must be submitted within fifteen days after approval to the municipal council.
- Barrio ordinances take effect thirty days after approval unless the municipal council finds they are not in accordance with law.
- If not in accordance with law, ordinances must be returned to the barrio council for adjustment, amendment, or repeal.
- If disagreement arises between barrio council and municipal council, the dispute is referred to the provincial fiscal for final action.
- Violations of duly promulgated barrio ordinances are punishable by a fine of not more than one hundred Pesos or imprisonment of not more than fifteen days, or both, in the discretion of the court.
Barrio council: development, governance, and community programs
- The barrio council may construct and/or maintain public works within its boundaries including barrio roads, bridges, viaducts and sidewalks, playgrounds and parks, school buildings, and public utilities such as water supply, drainage, irrigation, sewerage, and public toilet facilities.
- For these public works, the barrio council may exercise eminent domain with the approval of the municipal council.
- The barrio council may undertake cooperative enterprises to improve economic condition and well-being, including:
- stores for sale or purchase of commodities and/or produce,
- warehouses,
- activities relating to agricultural and livestock production and marketing,
- fishing,
- home and barrio industries,
- and other activities promoting welfare of barrio inhabitants.
- The barrio council may accept cooperation from municipal, provincial, and national governmental agencies established by law for financial, technical, and advisory assistance.
- When accepting such cooperation, the barrio council may not pledge sums for expenditures exceeding amounts currently in the barrio treasury or encumbered for other purposes.
- The barrio council must initiate and submit community programs of economic and social benefit to the barrio assembly.
- The barrio council may employ or contribute to the expenses of employing community development workers under agreements with the Office of the Presidential Assistant on Community Development or other government bureaus or agencies.
- The barrio council may submit suggestions or recommendations to the municipal council for improvement of the barrio and/or welfare of inhabitants.
- The barrio council must provide for publication by town crier or other means of laws, ordinances, and/or matters of public interest.
- The barrio council may hold benefits in the barrio without securing permits from the Social Welfare Administration; proceeds are tax-exempt and go to the barrio general fund unless previously set aside for a specific purpose.
- The barrio council must organize at least twice a month lectures, programs, and/or community assemblies to educate and enlighten people on moral, civic, political, educational, and other matters of public interest.
- The barrio council may regulate use of cement, palay or copra driers (patios), or similar government-funded projects constructed for public service within the barrio and charge reasonable fees for such use.
- The barrio council must exercise all powers necessary to carry out these provisions.
- The barrio council must organize annually, as soon as it is elected and qualified, committees composed of men and women of high moral standing and integrity to address juvenile delinquency, if it exists, through spiritual help and guidance and by helping juvenile delinquents secure wholesome occupations and entertainment in the barrios or elsewhere.
- The barrio council may appropriate barrio funds to implement barrio assembly decisions and for purposes specified by the Act.
Barrio council procedure and records
- The barrio lieutenant is the presiding officer of the barrio council; in his absence or inability, the vice barrio lieutenant designated by the barrio council presides.
- Regular meetings are held at least once a month at the call of the barrio lieutenant.
- Special meetings may be called by the barrio lieutenant and by any three members of the barrio council at any time.
- A quorum is a majority of the barrio council’s members.
- Ordinances and resolutions require approval by a majority vote of those present.
- At the first meeting of the newly elected barrio council, the barrio lieutenant, with approval of the majority of the council, names standing and special committees to study and report on problems before the council.
- Sessions may be held in the barrio hall or public school building during hours when there are no classes, or in any house or lot granted for said purpose free of charge.
- The barrio council elects from among its members a secretary and assistant secretary.
- The secretary must keep simple minutes of barrio assembly and barrio council meetings, keep the list of qualified barrio assembly members, and be responsible for custody of all records.
- The assistant secretary performs duties assigned by the barrio council and acts as secretary in the secretary’s absence or inability.
Barrio taxation: sources and limits
- The barrio council may raise, levy, collect, and/or accept monies and contributions from specified sources with the approval of a two-thirds vote of the barrio assembly as provided in the Act.
- Sources include:
- voluntary annual contributions from each male or female resident twenty-one years of age or over,
- licenses on stores, signs, signboards, and billboards exposed to public view except those displayed at the place(s) where the profession or business advertised is conducted,
- a tax on gamecocks owned by residents and on cockfights conducted therein, but the barrio council cannot permit cockfights,
- monies, materials, and voluntary labor for specific public works and cooperative enterprises raised from residents, landholders, producers, and merchants of the barrio,
- monies from grants-in-aid, subsidies, contributions, and revenues made available to barrios from municipal, provincial, or national funds,
- monies from private agencies and individuals,
- an additional percentage, not exceeding one-fourth of one per cent of the assessed valuation within the barrio, collected by the municipal treasurer with the tax on real property levied for municipal purposes and deposited in the barrio name.
- No barrio tax or license fee may exceed fifty per centum of a similar tax or fee levied, assessed, or imposed by the municipal council.
Share in real estate taxes
- Ten per cent of all real estate taxes collected within the barrio accrues to the barrio general fund.
- This amount is deducted in equal amounts from the respective shares of the province and municipality.
- The municipal treasurer may designate the barrio lieutenant and/or the barrio treasurer as deputies to collect the real estate taxes.
Financial procedure and auditing
- Ordinances for raising barrio funds through taxes and voluntary contributions may be initiated in the barrio council and submitted to the barrio assembly.
- The barrio assembly may approve such ordinances finally without further action by the barrio council, including when ordinances originate in the barrio assembly.
- The barrio treasurer collects all taxes (except real property taxes), fees, and contributions due the barrio treasury and issues official receipts.
- The barrio treasurer must be bonded in any amount fixed by the barrio council not exceeding ten thousand pesos.
- The barrio treasurer is custodian of barrio funds and property and deposits collections with the municipal treasurer within one week after receipt.
- The barrio treasurer disburses funds in accordance with council resolutions upon voucher signed by the payee and approved by the barrio lieutenant, subject to availability of funds in the barrio treasury and existing auditing rules and regulations.
- The barrio council may provide necessary travel expenses for the barrio lieutenant or any member on official business.
- The financial records are kept in a simplified manner as prescribed by the municipal treasurer.
- The municipal treasurer audits barrio council accounts annually and reports the audit to both the barrio council and the municipal council.
Applicability to chartered cities
- The Act’s provisions apply to all barrios within the jurisdiction of chartered cities.
Repeal and effectivity
- All existing legislations or regulations relating to barrio government that conflict or are inconsistent with the Act are repealed.
- The Act takes effect on January 1, nineteen hundred and sixty.