Law Summary
Creation, Naming, and Boundary of Barrios
- All existing barrios at the time of the Act come under its provisions.
- New barrios may be created or existing ones renamed upon petition by a majority of voters.
- Creation or renaming requires approval by the provincial board, based on a two-thirds vote from the municipal council.
- New barrios must have a population of at least 500.
- Boundaries cannot be changed except by this Act or by Congress.
- Boundary disputes within the same municipality are resolved by the municipal council, with appeal to the provincial board.
- Disputes between different municipalities follow existing laws governing municipal boundaries.
- Property rights remain with the barrio where the property is situated after boundary alterations.
Composition and Functions of the Barrio Assembly
- Consists of all qualified electors registered as barrio assembly members and residents for at least six months.
- Meets annually for the barrio council's report on activities and finances.
- Can also meet for elections or upon call/petition.
- Quorum requires one-third of members present.
- Raising taxes or compensation and soliciting voluntary contributions require a two-thirds vote.
- Other actions require a majority vote.
- Notice of meetings must be given one week in advance except in emergencies.
- Barrio lieutenant presides over assembly; secretary of barrio council serves as assembly secretary.
Powers of the Barrio Assembly
- Elect barrio council members; act on resignations and fill vacancies.
- Authorize reasonable compensation for council members.
- Approve raising of funds by taxation or voluntary contributions.
- Adopt measures promoting barrio welfare.
- Enter into contracts on behalf of the barrio.
Barrio Council Composition
- Made up of a barrio lieutenant, barrio treasurer, four council members, and vice barrio lieutenants.
- Number of vice lieutenants corresponds to sitios or population.
- Vice barrio lieutenants must be residents of their respective sitios.
Election of Barrio Council Members
- Held at barrio assembly meeting on second Sunday of January in even years.
- Called and presided over by barrio lieutenant.
- Secret ballot voting; open voting allowed only by two-thirds vote.
- Elected members assume office immediately and serve two years.
- Members limited to three consecutive terms, with a two-year gap before reelection.
- Disputes decided by a board of tellers and justice of the peace court; appeals to the court of first instance.
Qualifications for Election to the Barrio Council
- Must be a qualified elector and resident for at least six months.
- Must not have been convicted of a crime involving moral turpitude or imprisonment of at least one year.
Supervision of Barrio Officials by Municipal Mayor
- The municipal mayor supervises barrio officials.
- Investigates complaints under oath against barrio officers for neglect, oppression, corruption, or crimes.
- May reprimand or submit charges to the municipal council.
- Can suspend officers for up to thirty days pending action.
- Municipal council follows administrative code procedures; decisions appealable to provincial board.
Duties of Barrio Lieutenant and Council Members
- Barrio lieutenant presides over meetings, maintains order, organizes fire brigades and emergency groups.
- Approves vouchers and enforces laws within the barrio.
- Vice barrio lieutenants act as peace officers for their sitios.
- Council members attend meetings and assist in duties.
Rights and Privileges of Incumbent Barrio Lieutenants
- Preference in government appointments and acquisition of public lands and franchises if service is proper.
- Free hospitalization and medical care if incapacitated by duty-related causes.
- Tuition fee exemption for children in public schools.
Powers and Duties of the Barrio Council
- Promulgate barrio ordinances; submit to municipal council for approval within 15 days.
- Ordinances take effect after 30 days unless disapproved; disputes referred to provincial fiscal.
- Enforce ordinances with penalties up to Php 100 fine or 15 days imprisonment.
- Construct and maintain public works within barrio (roads, bridges, parks, etc.) with eminent domain approval.
- Undertake cooperative ventures to improve economic conditions.
- Accept aid from government agencies within budget limits.
- Initiate community economic and social programs.
- Employ or support community development workers.
- Suggest improvements to municipal council.
- Publicize laws and community matters.
- Hold benefits without Social Welfare permits; proceeds go to barrio fund.
- Organize educational programs.
- Regulate use of government-funded drying facilities; charge fees.
- Form committees to address juvenile delinquency.
- Appropriate funds as per barrio assembly decisions.
Procedure in Barrio Councils
- Barrio lieutenant presides; vice lieutenant acts if absent.
- Regular monthly meetings; quorum is majority.
- Ordinances/resolutions require majority vote.
- Committee formation for problem studies.
- Sessions held in public or private venues with free use.
- Secretary and assistant secretary elected to maintain records and minutes.
Taxing Powers of Barrio Council and Assembly
- May raise funds by voluntary contributions and specific taxes subject to two-thirds assembly approval.
- Taxes/licenses include stores, signs, gamecocks, and cockfights (without permitting cockfights).
- May accept monies, materials, and labor for public works.
- May receive grants and subsidies from government and private entities.
- May collect up to 0.25% additional property tax; tax rates cannot exceed 50% of municipal rates.
Share in Real Estate Taxes
- Barrio entitled to 10% of real estate taxes collected within its area.
- This is deducted from province and municipality shares.
- Municipal treasurer may deputize barrio officials for tax collection.
Financial Procedures
- Tax and funds ordinances may originate in barrio council or assembly.
- Treasurer collects taxes (except real property tax), issues receipts, deposits collections with municipal treasurer.
- Treasurer is bonded and custodian of funds and property.
- Disburses funds via approved vouchers following auditing rules.
- Travel expenses for officials may be provided.
- Financial records audited annually by municipal treasurer.
Applicability to Chartered Cities
- Provisions apply to barrios within chartered cities.
Repealing Clause
- Conflicting existing laws or regulations on barrio government are repealed.
Effectivity
- The Act takes effect on January 1, 1960.