Revised Barrio Charter Law

Policy, purpose, and basis

The law declares that the people in the barrios of the Philippines are the backbone of the nation and that greater autonomy and incentives for self-help should be promoted.
The law requires that national, provincial, and municipal governments shall not relinquish their respective obligations to barrios.

Definitions and nature of barrios

Section 2 defines barrios as units of municipalities or municipal districts in which they are situated.
Section 2 characterizes barrios as quasi-municipal corporations endowed with powers for particular government functions.
Section 2 provides that barrio powers must be exercised through their respective barrio governments and in conformity with law.
Section 2 establishes that barrios may sue and be sued, contract, acquire, hold, and convey real and personal property for purposes specified in the Act.

Who is covered and when barrios exist

Section 2 makes all barrios existing at approval of this amendatory Act subject to its provisions.
Section 2 includes poblaciones that, as of December 31, 1962, were already organized into one or more barrios or had elected and organized their barrio councils.
If a poblacion had already elected and organized barrio councils, Section 2 grants six months from approval to complete organization into barrios; otherwise, it is excluded from the Act.
Section 3 bars the creation of new barrios below five hundred persons and bars creation out of chartered cities or poblaciones of municipalities.

Creation, boundaries, and barrio assembly

Section 3 allows creation of a new barrio or changing the name of an existing one upon petition of a majority of the voters in the affected areas.
Section 3 requires provincial board action on creation/name change, upon recommendation of the municipal council(s) where the proposed barrio is situated, with municipal council approval by at least two-thirds of the entire membership.
Section 3 prohibits barrio creation, boundary alteration, or name changes except as provided by this Act or by Act of Congress.
Section 3 requires municipal councils to determine barrio boundaries within six months after the passage of the Act, with assistance from the Provincial Assessors and the Director of Lands or their deputies.
Section 3 provides a boundary dispute rule for disputes within the same municipality: municipal council decision subject to appeal to the provincial board within thirty days from receipt of notice, with the provincial board decision final.
Section 4 defines the barrio assembly members as residents of the barrio for at least six months, aged eighteen years or over, Philippine citizens, and duly registered in the list kept by the Barrio Secretary.
Section 4 requires the barrio assembly to meet at least once a year, and also at the call of the barrio council or upon written petition of at least one-tenth of its members.
Section 4 requires notice at least one week prior to meetings, except in matters involving public safety or security where notice within a reasonable time is sufficient.
Section 4 sets quorum at one-fifth of barrio assembly members, and actions require a majority vote of those present with quorum.

Plebiscites and votes

Section 6 allows a plebiscite in a barrio when authorized by majority vote of members present in the barrio assembly with quorum, or when called by at least four members of the barrio council.
Section 6 bars plebiscites until after thirty days from approval by either body.
Section 6 requires the plebiscite to have the widest publicity in the barrio, stating the date, time, and place, the questions or issues, the action to be taken by voters, and other relevant information.
Section 6 grants voting rights to all duly registered barrio assembly members qualified to vote and allows voting by writing as in regular elections and/or declaration to the board of election tellers.
Section 6 provides that the board of election tellers is the same board as referenced in Section 8, paragraph 2 (including vacancy replacement by barrio council filing of the board).
Section 6 allows plebiscites to decide the recall of any member of the barrio council.
Section 6 requires plebiscites to approve any budgetary, supplemental appropriations, or special tax ordinances.
Section 6 mandates that taking action on the enumerated matters requires a majority vote of all barrio assembly members registered in the list kept by the Barrio Secretary.

Barrio council: election, supervision, succession

Section 7 establishes that each barrio shall have a barrio council with members: one barrio lieutenant and six barrio councilmen.
Section 8 requires regular election on the second Sunday of January immediately following regular elections for municipal and provincial officials to elect the barrio lieutenant and six councilmen.
If election fails on the second Sunday of January, Section 8 permits election on any day within January as determined by the barrio council.
If no election occurs within January, Section 8 requires the provincial governor to set the election date upon resolution of the barrio council or petition by at least fifty members of the barrio assembly, with a deadline not beyond forty days from receipt.
Section 8 provides election of newly created barrios using the same general procedure, with election tellers appointed by the provincial governor.
Section 8 provides a tie-break by drawing lots immediately after counting of votes.
Section 8 requires elected officials to assume office immediately by taking oath and to hold office for four years or until successors have been elected and qualified.
Section 8 requires the barrio council to elect a board of three election tellers not later than the last Sunday of December preceding elections, with one election teller as a public school teacher as chairman.
Section 8 requires registration of new voters not later than the first Sunday of January election year, and allows challenges to qualifications, decided on the same day by the board of tellers.
Section 8 mandates voting by secret ballot, from 7:00 a.m. to 6:00 p.m., with an exception allowing voting when a voter is within thirty meters of the polling place.
Section 8 provides that each candidate may appoint one watcher each to be allowed inside during election proceedings upon presentation of appointment signed by the candidate.
Section 8 provides the rule on invalid votes: votes in favor of a person who filed no certificate of candidacy, or votes for a candidate who did not present himself, are void and counted as stray votes but do not invalidate the whole ballot.
Section 8 provides that disputes on procedure before and during balloting are decided by the Board of Election Tellers.
Section 8 establishes judicial review for barrio election disputes before the justice of the peace court of the municipality concerned, with decisions appealable under the Rules of Court to the Court of First Instance, and finality of the decision on questions of fact.
Section 9 grants the Commission on Election overall supervision over all elections of members of the barrio council and authority to promulgate necessary rules consistent with the Act.
Section 10 sets voter/candidate qualifications: Philippine citizenship, age 21 or over, ability to read and write, residence in the barrio for the six months immediately preceding the election, duly registered, and not otherwise disqualified.
Section 10 disqualifies persons sentenced by final judgment to one year or more of imprisonment within two years after service of sentence, persons who violated their allegiance to the Republic of the Philippines, and insane or feeble-minded persons.
Section 11 establishes succession for permanent vacancies in the office of barrio lieutenant: the councilman with the largest vote in the immediately preceding barrio elections assumes office.
Section 11 defines abandonment of office when the incumbent fails or refuses without lawful cause to enter upon discharge of duties within six months from ceasing or neglecting official duties.
Section 11 provides temporary incapacity rules: the senior councilman performs duties and exercises powers of the barrio lieutenant except—unless unanimously authorized by the barrio council—powers to appoint, suspend, or dismiss employees.
Section 12 requires the municipal mayor to supervise barrio officials by receiving and investigating under oath complaints for neglect of duty, oppression, corruption, other misconduct, and conviction by final judgment of any crime involving moral turpitude.
Section 12 allows reprimand for minor delinquency; for more severe punishment, the municipal mayor files written charges to the municipal council with copies furnished to the respondent and law enforcement agencies.
Section 12 allows suspension pending municipal council action upon recommendation of the barrio council when charges affect official integrity, but pension suspension period shall not exceed thirty days.
Section 12 requires filing written charges within five days with the municipal council when suspension is affected.
Section 12 provides appeal within ten days from notice of municipal council decision to the provincial board, whose decision is final.

Barrio powers, ordinances, finances, and public works

Section 13 empowers the barrio council to promulgate barrio ordinances and resolutions not inconsistent with law or municipal ordinances, for health and safety, prosperity, morals, peace, order, comfort and convenience, and protection of property.
Section 13 empowers the barrio council to construct and/or maintain public works within boundaries, including barrio roads, bridges, viaducts, sidewalks, playgrounds, and parks, school buildings, and facilities for water supply, drainage, irrigation, sewerage, and public toilet facilities.
Section 13 authorizes exercise of eminent domain for those public works only with approval of the municipal council.
Section 13 authorizes cooperative enterprises to improve economic condition and well-being, including credit unions, stores, warehouses, agricultural and livestock production and marketing, fishing, home arts, barrio industries, and other welfare-promoting activities.
Section 13 caps compensation/per diems and travel expenses of barrio council members and other officials: total must not exceed thirty per centum of the total annual income of the barrio.
Section 13 caps such compensation/per diems/travel expenses so they do not exceed compensation/per diems/travel granted to municipal councilors, and provides the barrio lieutenant compensation shall not exceed the mayor’s salary of the same municipality; it states the cap does not apply to the barrio treasurer and barrio secretary.
Section 13 allows acceptance of cooperation from government agencies, but prohibits pledging sums for expenditure in excess of amounts currently in the barrio treasury or encumbered for other purposes.
Section 13 allows employing or contributing to community development workers under terms agreed with the Office of the Presidential Assistance on Community Development or other government bureau or agency.
Section 13 requires publication of laws, ordinances, and matters of public interest by town crier or other means.
Section 13 allows holding benefits without permits from the Social Welfare Administration or the municipal mayor; proceeds are tax-exempt and accrue to the barrio general fund, provided the specific purpose is satisfied first and no benefit is held within a barrio within one hundred twenty days immediately preceding any national or local elections.
Section 13 requires at least twice a month lectures/programs/assemblies to educate on moral, civic, political, educational, and other matters of public interest.
Section 13 authorizes regulation and reasonable fees for use of cement palay or copra driers (patios) or similar projects constructed with government funds.
Section 13 authorizes organization of fire brigades and annual committees of men and women of high moral standing to address juvenile delinquency by spiritual help, moral guidance, and wholesome recreations/entertainment.
Section 13 requires the barrio council to prepare annual and supplemental budgets and special tax ordinances subject to Section 21.
Section 13 authorizes contracts for and on behalf of the barrio, with the barrio lieutenant executing contracts and the barrio treasurer making direct purchases not more than one hundred pesos at any one time for ordinary and essential needs.
Section 13 requires that contracts conveying real property or creating a lien be executed by the barrio lieutenant upon barrio council resolution with approval of the municipal mayor and provincial governor.
Section 13 prohibits entering into or authorizing contracts involving one thousand pesos or more unless the barrio treasurer certifies that funds are duly appropriated and available; that certified sum cannot be used for other purposes until the contract is lawfully abrogated/discharged, except for installment purchases.
Section 14 gives the barrio lieutenant duties including enforcing laws and ordinances, negotiating and signing contracts upon authorization, maintaining peace and order with municipal mayor and municipal councilor assistance, presiding over meetings, appointing officials with approval, removing officials upon a two-thirds barrio council vote, organizing emergency groups, approving vouchers, attending conventions/representing the barrio, and looking after general welfare.
Section 14 assigns barrio councilmen to assist the barrio lieutenant, attend meetings, act as peace officers within their assigned areas, and perform duties delegated by the barrio lieutenant.
Section 15 requires the barrio treasurer to be custodian of barrio property and funds not deposited with the municipal treasurer, collect taxes/fees/contributions and issue official receipts, disburse funds under the Act, submit detailed statements for budget preparation not later than one month before the ensuing fiscal year, render public accounting within one month after each fiscal year end, and certify fund availability when necessary.
Section 15 requires the barrio secretary to be custodian of records of barrio council and barrio assembly, keep minutes, record proceedings, prepare and post separate lists of barrio assembly members and registered voters, register new barrio assembly members, and prepare election forms including certificates of candidacy, ballots, election returns, and record of challenges.
Section 16 grants privileges to barrio council officials who are not receiving salary: preference in appointments in government offices/agencies/instrumentalities and government-owned or controlled corporations; preference to purchase certain public lands and related privileges subject to full service of term and equal qualifications; free hospitalization in government hospitals and priority in free wards of private hospitals for injuries/diseases/sickness incurred in line of duty; exemption during incumbency from tuition/matriculation fees for children in public elementary schools.
Section 16 excludes from these privileges any council official with total net asset of at least twenty thousand pesos or yearly net income of two thousand four hundred pesos.
Section 17 authorizes barrio council taxation and collection from: license fees on stores and signs/signboards/billboards exposed to public view except those displayed at the business/profession premises; a tax on gamecocks owned by barrio residents and cockfights conducted therein, while explicitly forbidding authorization of cockfights; and an additional percentage tax not exceeding one-fourth of one per cent of assessed valuation of property within the barrio collected by the municipal treasurer with the municipal real property tax, deposited in the barrio’s name.
Section 17 limits the barrio council’s taxes/license fees so they shall not exceed fifty per centum of a similar tax or fee already levied/assessed/imposed by the municipal council.
Section 18 authorizes the barrio council to accept or solicit monies/materials/voluntary labor from residents and others for specific public works/cooperative enterprises; accept grants-in-aid/subsidies/contributions and revenue from municipal/provincial/national funds; and accept monies from private agencies and individuals.
Section 18 requires that monies or properties donated for specific purposes accrue to a special trust fund for that purpose.

Barrio ordinances and budget effectivity

Section 19 provides that the barrio lieutenant presides over the barrio council and that regular meetings must be held at least once a month; special meetings may be called by the barrio lieutenant and any other three council members.
Section 19 sets quorum for the barrio council at a majority of its members and requires majority vote of those present to approve ordinances and resolutions.
Section 19 requires that at the first meeting of the newly elected barrio council, with approval of the majority of the councilmen, the barrio lieutenant names standing and special committees.
Section 19 allows sessions in the barrio hall or public school building when no classes exist, or in a house/lot in the barrio whose use is granted free of charge.
Section 20 provides that a barrio ordinance takes effect on its fixed effectivity date or, absent that, sixty days after passage, unless a plebiscite is called under Section 6.
Section 20 provides that if a plebiscite is called, the ordinance takes effect fifteen days after confirmation, but not earlier than the date effectivity fixed for confirmation purposes and provided that copies are furnished to the municipal council within ten days after passage.
Section 20 requires municipal council review within sixty days from submission to determine inconsistency with law or municipal ordinance.
Section 20 provides that if the municipal council does not act within sixty days, the ordinance is deemed consistent.
Section 20 provides that if the municipal council finds inconsistency within sixty days, it returns the ordinance to the barrio council for adjustment/amendment/repeal, suspending effectivity.
Section 20 provides that if the barrio council disagrees, the dispute is referred to the provincial fiscal for final action.
Section 20 sets tax ordinance effectivity on the fifteenth day after passage unless the ordinance provides otherwise.
Section 20 grants the Secretary of Finance authority to suspend effectivity within one hundred twenty days after passage if unjust, excessive, oppressive, or confiscatory, and suspends effectivity during the suspension.
Section 20 allows the barrio council to appeal the Secretary of Finance decision to the court during pendency, and provides that the tax levied is treated as paid under protest during that pendency.
Section 20 requires that barrio ordinances pertaining to fishing or fisheries be submitted to the Secretary of Agriculture and Natural Resources for approval and are in full force and effect unless disapproval is communicated within thirty days after receipt.
Section 20 prescribes penalties for violations: fine of not more than one hundred pesos or imprisonment of not more than fifteen days, or both, in the discretion of the court.
Section 21 requires the barrio council to prepare the budget on a performance basis and to enact annual and supplemental appropriations and/or special tax ordinances for specific projects.
Section 21 limits annual budget appropriation so it shall not exceed estimated tax receipts and/or income for the ensuing year certified as collectible by the municipal and barrio treasurers concerned.
Section 21 requires provisions for statutory and current contracted obligations and prohibits any barrio official/employee from receiving salary higher than the maximum salary provided by subsisting salary laws and executive orders.
Section 21 provides a contingency: if the barrio council fails to enact a budget before the beginning of the ensuing fiscal year, the budget for the preceding fiscal year is deemed reenacted.
Section 21 provides that changes are made through supplemental budgets prepared and adopted in the same manner as the annual budget.
Section 21 requires barrio budgets be furnished to the municipal treasurer within ten days from approval, and the municipal treasurer may review compliance.
Section 21 provides that if within thirty days after submission the municipal treasurer takes no action, the budget is deemed compliant.
Section 21 provides that if within thirty days the municipal treasurer finds salary law/executive order violations, he must advise the barrio treasurer, after which it is unlawful for the barrio treasurer to disburse funds for items/purposes in question except as expressly authorized, unless budgets are corrected/revised and approved by the municipal treasurer.
Section 21 allows the municipal treasurer to declare the budget inoperative and return it for proper adjustment within thirty days upon findings that the budget fails to provide for all statutory and/or current contractual obligations or appropriates an aggregate amount exceeding estimated receipts/income.
Section 21 requires operation on the previous year’s budget until a new budget meeting objections is made.
Section 21 requires plebiscite approval for budgetary supplemental appropriations and special tax ordinances to take effect if a date of effectivity is fixed and, if no date is provided, after fifteen days following the plebiscite.

Financial administration, audit, and real estate tax share

Section 22 requires the barrio treasurer to collect all taxes due/unpaid, issue official receipts, and deposit collections with the municipal treasurer within one week after receipt.
Section 22 requires disbursement in accordance with the budget and barrio council resolutions, upon vouchers signed by the payee and approved by the barrio lieutenant, subject to availability of funds in the barrio treasury and subject to applicable auditing rules and regulations.
Section 22 authorizes direct purchases by barrio treasurers up to one hundred pesos at one time for ordinary and essential needs under authorization by the barrio council.
Section 22 limits petty cash held by the barrio treasurer to not more than twenty per cent of funds available and in the credit of the barrio treasury.
Section 22 requires barrio council financial records to be kept in the Office of the municipal treasurer in a simplified manner prescribed by the General Auditing Office.
Section 22 mandates annual audit by representatives of the General Auditing Office and reports of the audit to the barrio council and municipal council.
Section 22 requires the General Auditing Office to prescribe and put into effect simplified accounting procedures for barrio finances within a reasonable time after passage of the Act.
Section 22 authorizes the municipal treasurer and/or groups of treasurers of municipalities to employ personnel to maintain books in proper order, with salaries paid by barrios in proportion to their respective annual income.
Section 23 requires ten per cent of all taxes collected on real property located within the barrio to accrue to the barrio general fund, regardless of where payment/collection was made.
Section 23 requires that such ten per cent be deducted in equal amounts from respective shares of the province and municipality.
Section 23 authorizes the municipal treasurer to designate the barrio lieutenant and/or barrio treasurer as deputy to collect said taxes.
Section 23 requires the municipal government to pay bond premium in addition to bond premiums that may be required under Section 15.

Announcements and applicability limits

Section 25 requires notices and publications of ordinances, resolutions, and actions taken or to be taken by the barrio assembly or barrio council to be posted in the barrio hall, barrio school, barrio market, or other conspicuous place, or made by verbal announcement by a street crier.
Section 26 makes the Act applicable only to such barrios within the jurisdiction of chartered cities that existed before Republic Act No. 230 was enacted.

Name change and transitional rules

Section 24 renames barrio lieutenants as barrio captains starting sixty days from and after approval.
Section 24 provides that references in existing laws to barrio lieutenants, including definitions of functions and duties in barrio government, are deemed to refer to barrio captains.

Repeals and separability

Section 27 repeals Republic Act No. 230 and such other laws or regulations relating to barrio government in conflict or inconsistent with this Act.
Section 28 provides separability: if any part, section, or provision is held invalid or unconstitutional, no other part, section, or provision is affected.