Title
Postponement and Regulation of Barangay Elections
Law
Republic Act No. 6653
Decision Date
May 6, 1988
Republic Act No. 6653 establishes the term of office for barangay officials as five years and limits kagawads to a maximum of two successive terms, while also postponing barangay elections and allowing for the filling of vacancies by incumbent kagawads or appointed officers-in-charge.

Law Summary

Term of Office and Limitations

  • Barangay officials elected shall serve for a term of five (5) years beginning on January 1 following their election.
  • No kagawad (barangay councilor) shall serve more than two (2) successive terms.

Application of the Omnibus Election Code and Commission on Elections' Role

  • The Omnibus Election Code shall apply to barangay elections as far as practicable.
  • The Commission on Elections (COMELEC) is tasked with promulgating necessary resolutions, rules, and regulations to implement the provisions of the Act.

Incumbency, Removal, Vacancy, and Appointment Procedures

  • Elected incumbent barangay officials remain in office until their successors are elected and qualified, unless removed for cause.
  • Designated or appointed incumbents are subject to a performance audit by the Secretary of Local Government to assess their fitness to continue office.
  • Secretary of Local Government may seek assistance from government agencies and civic organizations for this audit.
  • Vacancies due to resignation or removal are to be filled by incumbent kagawads following the order of succession.
  • If no incumbent kagawad assumes the vacancy, the Secretary shall appoint officers-in-charge considering integrity, competence, and probity.
  • Appointees must be actual voting residents of the barangay where they will serve.

Composition and Election of the Sangguniang Barangay

  • Every barangay has a Sangguniang Barangay composed of seven (7) elected kagawads.
  • On the first day of their term, the kagawads elect a Punong Barangay (barangay captain) from among themselves by majority vote.
  • If no majority after two ballots, election by plurality is allowed.
  • The Punong Barangay serves as the presiding officer of the Sangguniang Barangay.

Recall and Succession of the Punong Barangay

  • The Punong Barangay can be recalled for loss of confidence through an absolute majority vote of the Sangguniang Barangay.
  • The recall resolution must include the successor, also elected by absolute majority vote.
  • The recalled Punong Barangay retains the position of kagawad.
  • Recall cannot occur within one (1) year immediately following election or one (1) year before the next barangay election.

Repeal of Inconsistent Laws

  • All laws, decrees, executive orders, orders, or resolutions inconsistent with this Act are repealed or modified accordingly.

Effectivity

  • The Act takes effect upon approval on May 6, 1988.

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