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- All laws, decrees, executive orders, orders, or resolutions inconsistent with this Act are repealed or modified accordingly.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