Creation and Organization of Barrios
- New barrios may be created or existing barrios renamed upon petition of majority voters and approval by municipal and provincial boards.
- Minimum population for new barrios is 500; barrios cannot be created out of chartered cities or poblaciones.
- Boundaries determined by municipal councils with assistance from provincial assessors and the Director of Lands.
- Boundary disputes within municipalities decided by municipal council; appeals go to provincial board; disputes between municipalities or provinces resolved as per existing law.
Barrio Assembly
- Composed of all residents 18 years or older, Filipino citizens, registered for at least six months.
- Meets at least once a year to hear annual reports; meetings can also be called by council or petition.
- Quorum: one-fifth of assembly members; actions require majority vote of those present.
Powers of the Barrio Assembly
- Recommend welfare measures to barrio council.
- Decide on holding plebiscites.
- Act on budgetary and tax ordinances submitted by barrio council.
- Hear annual reports on activities and finances.
Plebiscite
- May be called by majority of assembly or at least four barrio council members with 30 days’ notice.
- All registered assembly members may vote.
- Used to approve budgets, supplemental appropriations, special tax ordinances, or recall barrio council members.
- Majority vote of all registered members required for decision.
Barrio Council Composition
- Consists of one barrio lieutenant and six barrio councilmen.
Election of Barrio Council
- Elections held second Sunday of January following municipal and provincial elections; shortest term of office is four years.
- Election process involves registration, secret ballot voting, challenges, and resolution of disputes by justice of the peace.
- The Commission on Election supervises all barrio elections.
Voter and Candidate Qualifications
- Citizens at least 21 years old, able to read and write, residents for six months, and registered voters.
- Disqualifications include felony sentence with imprisonment of one year or more within two years of sentence, violation of allegiance, insanity, or feeblemindedness.
Succession and Temporary Duties
- Councilman with highest votes succeeds barrio lieutenant in case of vacancy.
- Temporary incapacity or refusal to serve is handled by next highest vote-getter among councilmen.
- Abandonment defined as neglect or refusal to discharge duties for six months.
Municipal Mayor's Supervisory Powers
- Supervises barrio officials; investigates complaints for neglect, misconduct, or crimes involving moral turpitude.
- Can reprimand or submit charges to municipal council.
- May suspend barrio officials pending council action (max 30 days).
- Appeals from municipal council decisions go to provincial board.
Powers and Duties of Barrio Council
- Enact ordinances and resolutions consistent with law and municipal ordinances.
- Construct and maintain public works like roads, bridges, schools, water and sanitation facilities.
- Undertake cooperative enterprises to improve economic conditions.
- Provide compensation to council members within specified limits.
- Accept government and other assistance but cannot pledge future funds.
- Employ community development workers.
- Publish information and hold tax-exempt benefits.
- Organize educational and community programs.
- Regulate public usage of certain facilities and organize fire brigades.
- Address juvenile delinquency with community committees.
- Prepare budgets and special tax ordinances.
- Enter into contracts with appropriate approvals and certificates of fund availability.
- Act on resignations and other necessary functions.
Powers and Duties of Barrio Lieutenant and Council Members
- Lieutenant enforces laws, negotiates contracts, maintains public order, presides over meetings.
- Responsible for appointment and removal of barrio officials, subject to appeal system.
- Organizes emergency groups and approves disbursement vouchers.
- Councilmen assist lieutenant, act as peace officers, attend meetings, perform delegated duties.
Duties of Barrio Treasurer and Secretary
- Treasurer: custodian of funds and property, collects taxes and fees, disburses funds per budget, submits financial reports, certifies fund availability.
- Secretary: custodian of records, keeps minutes, prepares voter lists, registers assembly members, prepares election documents.
Privileges of Barrio Officials
- Preference in government appointments, land purchase, homesteads, concessions, franchises (conditional on term served and qualifications).
- Free hospitalization for duty-related injury or sickness.
- Exemption from tuition fees for children in public elementary schools unless officials have high income or assets.
Taxing Powers
- May levy taxes/licenses with limits (not more than 50% of equivalent municipal taxes).
- Taxes on stores, signs, gamecocks; may not permit cockfights.
- May collect up to 0.25% additional real property tax via municipal treasurer.
Acceptance of Contributions
- May accept monies, materials, labor from residents, government agencies, or private sources.
- Donations for specific purposes go into trust funds.
Procedures in Barrio Councils
- Meetings monthly, called by barrio lieutenant or three councilmen.
- Quorum is majority; voting by majority for ordinances and resolutions.
- Standing and special committees appointed.
- Sessions held in barrio halls or designated public places.
Effectivity of Ordinances
- Generally effective on date fixed or 60 days after passage unless plebiscite suspends effectivity.
- Municipal council reviews ordinances for consistency with laws; disputes referred to provincial fiscal.
- Tax ordinances effective 15 days after passage unless suspended by Secretary of Finance.
- Fishing ordinances sent to Secretary of Agriculture; disapproval within 30 days terminates ordinance.
- Violations punishable by fine or imprisonment.
Budgetary Appropriations
- Prepared on performance basis, cannot exceed estimated income.
- Provisions for obligations and salary caps required.
- Failure to enact budget results in reenactment of previous budget.
- Municipal treasurer reviews budget and may declare inoperative if non-compliant.
- Budget or tax ordinances require plebiscite approval before effectivity.
Financial Procedures
- Treasurer collects and deposits funds with municipal treasurer weekly.
- Disbursements upon vouchers approved by barrio lieutenant and funds availability certification.
- Petty cash and direct purchases authorized up to specified limits.
- Financial records kept by municipal treasurer, audited annually by General Auditing Office.
- Personnel for financial bookkeeping may be employed, costs proportionally paid by barrios.
Share in Real Estate Taxes
- 10% of real property taxes collected within barrio go to barrio fund, deducted from provincial and municipal shares.
- Municipal treasurer may designate barrio officials as deputies for tax collection, bond premium paid by municipal government.
Administrative Changes and Applicability
- Barrio lieutenants renamed barrio captains sixty days after approval.
- Notices and publications posted conspicuously or announced by town crier.
- Provisions applicable only to barrios existing before enactment within chartered cities.
- Previous conflicting laws repealed.
- Separability clause for invalid provisions.
- Act effective upon approval.