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2023 BARANGAY OFFICIALS’ PRE-
ASSUMPTION ORIENTATION/FORUM
Preparing the Newly-Elected Barangay Officials for
Efficient and Effective Governance
Tubigon Cultural Center
Pooc Occidental, Tubigon, Bohol
November 15 and 16, 2023
MATINO, MAHUSAY at MAAASAHAN!
The CHALLENGE!
ARE YOU THE INSTRUMENT
OF PROGRESS OF YOUR
BARANGAY or YOU ARE THE
MENACE?
ARE YOU THE BANE or THE
BOON OF YOUR
BARANGAY?
The MISSION!
ASPIRE TO LEAVE THE
BEST LEGACY TO YOUR
BARANGAY!
OBJECTIVES
• To present to the incoming Barangay Officials their respective roles
and responsibilities to avoid confusions
• To present the procedure in the appointment of Appointive Barangay
Officials
• Introduce guidance and reference to the incoming Sangguniang
Barangay to promote unity and teamwork
• To prepare the incoming Barangay Officials for a smooth assumption
to office at noon (12:01PM) of November 30, 2023
OBJECTIVES
• To help them understand the importance and as well learn the
procedure in adopting the Internal Rules of Procedures
• To give a venue for the incoming Barangay Officials to raise their
issues and concerns relative to assumption
• To help them understand the importance of a functional Sangguniang
Barangay in effective governance
• To help them understand and distinguish their respective functions
PREPARATIONS OF THE
BARANGAYS FOR ASSUMPTION TO
OFFICE ON NOVEMBER 30, 2023
(NOON)
1. TURNOVER
(DILG MC No. 2023-047, March 21, 2023)
Conduct of Inventory and Turnover of Barangay/Sangguniang Kabataan
Properties, Financial Records, Documents and Money Accountabilities
by all incumbent Barangay and SK Officials, and the creation of
Barangay and SK Inventory Team and the City/Municipal Assessment
and Turnover Team, in view of the October 30, 2023, Barangay and
Sangguniang Kabataan Elections
Schedule: Before noon of November 30, 2023
TURNOVER
(DILG MC No. 2023-047, March 21, 2023)
Conduct of Inventory and Turnover of Barangay/Sangguniang Kabataan
Properties, Financial Records, Documents and Money Accountabilities
by all incumbent Barangay and SK Officials, and the creation of
Barangay and SK Inventory Team and the City/Municipal Assessment
and Turnover Team, in view of the October 30, 2023, Barangay and
Sangguniang Kabataan Elections
Schedule: Before noon of November 30, 2023
2. ASSUMPTION TO OFFICE
RA 11935, Section 4. Assumption to Office.
- The term of the brangay and sangguniang kabataan officials elected
under this Act shall commence at noon of November 30 next following
their election
3. DOCUMENTARY REQUIREMENTS FOR
ASSUMPTION TO OFFICE
1. Filing of SOCE (Certificate of Compliance)
2. Oath of Office
3. Filing of SALN
3.1. OATH OF OFFICE
WHEN SHALL ELECTED BARANGAY OFFICIALS
TAKE THEIR OATH OF OFFICE?
AT ANYTIME BEFORE NOON OF NOVEMBER 30, 2023.
Requirements: At least five (5) original copies of the Oath of
Office. One (1) original for the MLGOO.
What is the significance of an oath of office to
public office?
An oath of office is a qualifying requirement for a public
office. It is a prerequisite to the full investiture with the
office. It is only when a public officer has satisfied this
prerequisite that his right to enter into the position
becomes plenary and complete (Mendoza vs Laxima, Sr. GR No.
146875, July 14, 2003, 406 SCRA 156).
WHO ARE AUTHORIZED TO ADMINISTER OATH?
The following officials are authorized to administer oaths:
(a) President;
(b) Vice-President;
(c) Members and Secretaries of both Houses of Congress;
(d) Members of the Judiciary;
(e) Secretaries of Departments;
(f) Provincial governors and lieutenant-governors;
WHO ARE AUTHORIZED TO ADMINISTER OATH?
(g) city mayors;
(h) municipal mayors;
(i) bureau directors;
(j) regional directors;
(k) clerks of courts;
(l) registrars of deeds;
WHO ARE AUTHORIZED TO ADMINISTER OATH?
(m) other civilian officers in the Philippines public service
whose appointments are vested in the President of the
Philippines and are subject to confirmation by the
Commission of Appointments;
(n) all other constitutional officers; and
(o) notaries public.
WHO ARE AUTHORIZED TO ADMINISTER OATH?
The PUNONG BARANGAY is authorized to administer the
oath of office of any government official including the
President of the Philippines (Section 21, E.O. No. 292, as
amended by R.A. No. 6733 and R.A. No. 10755).
3.2. Statement of Contributions and Expenditures
(SOCE)
- Last day of filing Statement of Contributions and Expenditures by
candidates is on 29 November 2023. (COMELEC Resolution No.
10899)
3.3. Statement of Assets, Liabilities and Net (SALN)
Worth
- A public officer or employee shall, upon assumption of office
4. APPOINTMENT OF BARANGAY SECRETARY and
TREASURER
• The PUNONG BARANGAY is advised to sign the
APPOINTMENTS of Barangay SECRETARY and Barangay
TREASURER ANYTIME in the AFTERNOON OF
NOVEMBER 30, 2023, and administer the Oath of Office.
4.1. APPOINTMENT OF SECRETARY
LGC, Section 394. Barangay Secretary: Appointment,
Qualification, Powers and Duties.
a) The barangay secretary shall be appointed by the punong
barangay with the concurrence of the majority of all the
sangguniang barangay members. The appointment of the
barangay secretary shall not be subject to attestation by the
Civil Service Commission.
APPOINTMENT OF SECRETARY
LGC, Section 394. Barangay Secretary: Appointment,
Qualification, Powers and Duties.
b) The barangay secretary shall be of legal age, a qualified
voter and an actual resident of the barangay concerned.
c) No person shall be appointed barangay secretary if he is a
sangguniang barangay member, a government employee, or
a relative of the punong barangay within the fourth civil
degree of consanguinity of affinity.
4.2. APPOINTMENT OF BARANGAY TREASURER
LGC, Section 395. Barangay Treasurer: Appointment,
Qualification, Powers and Duties.
a) The barangay treasurer shall be appointed by the punong
barangay with the concurrence of the majority of all the
sangguniang barangay members. The appointment of the
barangay treasurer shall not be subject to attestation by the
Civil Service Commission.
APPOINTMENT OF BARANGAY TREASURER
LGC, Section 395. Barangay Treasurer: Appointment,
Qualification, Powers and Duties.
b) The barangay treasurer shall be of legal age, a qualified
voter, and an actual resident of the barangay concerned.
(c) No person shall be appointed barangay treasurer if he is a
sangguniang barangay member, a government employee, or a
relative of the punong barangay within the fourth civil
degree of consanguinity or affinity.
4th Civil Degree of Consanguinity or
Affinity
APPOINTMENT OF BARANGAY TREASURER
LGC, Section 395. Barangay Treasurer: Appointment,
Qualification, Powers and Duties.
d) The barangay treasurer shall be bonded in accordance with
existing laws in an amount to be determined by the
sangguniang barangay but not exceeding Ten thousand pesos
(P10,000.00), premiums for which shall be paid by the
barangay.
What are the stages in the appointment of barangay
secretary and Treasurer?
a) Issuance by the Punong Barangay of the
appointment of barangay secretary and treasurer;
and
b) Submission of such appointment papers to the
sangguniang barangay for its concurrence or
approval.
Parameters to be considered by the Sangguniang Barangay for
its concurrence of the appointments of Barangay Secretary and
Treasurer:
1) Must be of legal age;
2) Must be a qualified voter;
3) Must be an actual resident of the barangay concerned
4) Must not be a sangguniang barangay, a government employee; and
5) Must not be related to the Punong Barangay within the fourth degree
of consanguinity or affinity (Section 394, 395, RA 7160)
Under the Local Government Code, an appointive local official
is required to be a RESIDENT of the local government unit
concerned. What is meant by being a RESIDENT?
It shall mean an actual residence in the locality for at least six
(6) months immediately preceding his/her appointment (Article
121, IRR, RA 7160).
CONCURRENCE
Who determines if the appointee of the Punong Barangay is
qualified to hold the office?
The Sangguniang Barangay determines whether or not the
appointee of the Punong Barangay possesses all the
qualifications of a barangay SECRETARY or TREASURER
(Section 3, Article 2, DILG Memorandum Circular No. 2002-
150).
CONCURRENCE
The appointee POSSESSES ALL THE QUALIFICATIONS AND NONE
OF THE DISQUALIFICATIONS. May the Sangguniang Barangay
withhold the concurrence of his or her appointment?
NO. When the appointee possesses all the qualifications, any
withholding of concurrence by the Sangguniang Barangay shall be
considered WHIMSICAL, ARBITRARY and UNJUSTIFIABLE, and
would thus be tantamount to abuse of authority (Section 3, Article 2,
DILG Memorandum Circular No. 2002-150).
CONCURRENCE
May the Sagguniang Barangay Members oppose the Appointment of the
Barangay Secretary or Barangay Treasurer?
YES. But ONLY if the APPOINTEE did NOT meet the qualifications as
provided by law.
CONCURRENCE
Can the APPOINTEE of the Punong Barangay perform the powers and
duties of office he was appointed pending compliance of concurrence
requirements?
YES. In the exigency of public service, the appointee, pending
compliance with the condition of concurrence, SHALL BE ALLOWED to
discharge and perform the powers, duties and responsibilities pertaining
to the office and he shall be considered to be holding a TEMPORARY
APPOINTMENT (Section 4, Article 2, DILG Memorandum Circular No.
CONCURRENCE
Within what period shall the Sangguniang Barangay act on the
appointment issued by the Punong Barangay?
The Sangguniang Barangay shall act on the appointment within fifteen
(15) days from receipt of the appointment as submitted by the Punong
Barangay (Section 5, Article 2, DILG Memorandum Circular No. 2002-
150, citing Section 5, RA 6713 - "Code of Conduct and Ethical Standards
for Public Officials and Employees.").
CONCURRENCE
Is concurrence of the Sangguniang Barangay required for the
appointment issued by the Punong Barangay?
Section 389. Chief Executive: Powers, Duties, and Functions.
(b) For efficient, effective and economical governance, the purpose of
which is the general welfare of the barangay and its inhabitants
pursuant to Section 16 of this Code, the punong barangay shall:
(5) Upon approval by a majority of all the members of the
sangguniang barangay, appoint or replace the barangay
treasurer, the barangay secretary, and other appointive barangay.
What are other “qualifications” which may be considered in
appointments?
• TRAININGS ATTENDED
• WILLINGNESS TO SERVE THE PUBLIC
NOTE: Make sure that appointed barangay officials will be able
to help the barangay’s progress and development and not
SIMPLY appointed for accommodation.
5. NOTICE OF ASSUMPTION TO OFFICE of
ELECTED and APPOINTIVE OFFICIALS
The newly-appointed Barangay SECRETARY shall
prepare the NOTICE OF ASSUMPTION TO
OFFICE of ALL ELECTED and APPOINTED
Barangay Officials duly signed by the concerned
official.
6. APPOINTMENTS OF LOSING BARANGAY
CANDIDATES
LGC, IRR, ARTICLE 81. Appointment of Candidates
Who Lost in an Election. — EXCEPT FOR LOSING
CANDIDATES IN BARANGAY ELECTIONS, no
candidate who lost in any election shall, within one (1)
year after such election, be appointed to any office in the
government or any GOCCs or in any of their
7. NEPOTISM RULE IN THE BARANGAY
What is meant by nepotism?
Nepotism refers to the bestowal of patronage by public
officers in appointing others to positions by reason of
blood or marital relationship to appointing authority
(Black Law Dictionary, 1983).
NEPOTISM RULE IN THE BARANGAY
Distinguish consanguinity from affinity.
Consanguinity means by blood, while affinity by marriage
(DILG Opinion No. 21, s. 2008).
8. NATURE OF CO-TERMINUS BARANGAY
OFFICIALS
ALL BARANGAY APPOINTMENTS EXPIRE ON NOVEMBER
30, 2023, NOON, except the Lupon Members. (Section 400, RA
7160).
There is a need to issue new appointment to all appointive
positions of the barangay.
9. APPOINTMENT OF BARANGAY TANODS,
LUPONS, CDW (DCW), BHWs and ITS NATURE
Does nepotism rule apply to the appointment of
Barangay Tanod, Lupon, Day Care Worker and
Barangay Health Workers?
NO. The rule does not apply. There is no express provision
under the Local Government Code. They do not belong to career
service (DILG Opinion No. 3, s. 2003).
9.1. Barangay Tanods
LEGAL BASIS
Memorandum Circular 2003-42 – Guidelines on
Professionalizing the Barangay Tanod
QUALIFICATIONS OF A BARANGAY TANOD
1. A Filipino Citizen
2. Must be a resident of at least 6 months of the barangay
3. Must be a registered voter
4. Must be at least 18 years old but not more than 60 years
old
5. Can read and write
6. Of good moral character
7. Physically and mentally fit
9.2. Lupon Members
LEGAL BASIS
• Creation
Sec. 399, RA 7160
Composition
PB as Lupon Chairman
Brgy. Secretary as Lupon Secretary
10 not more than 20 members
Qualifications of Lupon Members
• Persons who are residents or working in the barangay
• Possessing integrity, impartiality, independence of mind, sense of fairness, and
reputation for probity
• Not expressly disqualified by law [LGC, Section 399 (b)]
Disqualified to become members of the Lupon
• Below 18 years of age
• Incompetent
• Convicted of a crime with penalties of perpetual or temporary disqualification
from holding public office
• Elected Government Officials
• Member of the Armed Forces who is in the active service (DILG Opinion No. 79.
S. 2022)
Lupon Members Term of Office. On holdover capacity.
LEGAL BASIS
Section 400. Oath and Term of Office. Upon appointment, each lupon
member shall take an oath of office before the punong barangay. He
shall hold office until a new lupon is constituted on the third year
following his appointment unless sooner terminated by resignation,
transfer of residence or place of work, or withdrawal of appointment by
the punong barangay with the concurrence of the majority of all the
members of the lupon.
9.3. CHILD DEVELOPMENT WORKER (Day Care
Worker)
LEGAL BASIS
• Republic Act No. 6972 “Barangay-Level Total Development
and Protection of Children Act”.
• This law provides for the establishment of a day care center in every
barangay.
Qualifications of Child Development Worker (Day Care
Worker)
Functions of the Department of Social Welfare and
Development. - The Department shall:
(a) Formulate the criteria for the selection, qualifications,
training and accreditation of barangay day care workers and
the standards for the implementation of the total development
and protection of children program. (Sec. 5 of RA 6972)
Qualifications of Child Development Worker (Day Care Worker)
1) At least 18 years of age;
2) College level, preferably with education course or social science;
3) A bonafide resident of the barangay where she/he will be assigned;
4) Willing to undergo training on Early Childhood Care and
Development (ECCD);
5) Must undergo competency self-assessment after 3 months of On-the-
job (OJT) at MSWDO;
6) Must undergo accreditation after 6 months;
7) No criminal or derogatory record; and,
8) Appointed by the Punong Barangay.
9.4. BARANGAY HEALTH WORKERS (BHWs)
- Refer to those who have undergone training programs under
any accredited government and non-government organization
and who render primary health care services in the community
after having been accredited to function as such by the Local
Health Board in accordance with the guidelines promulgated by
the DOH (RA No. 7883, Section 3; DILG-DOH JMC No. 2023-
001, dated August 24, 2023- Retention and Continued Service
of Barangay Health Workers).
BARANGAY HEALTH WORKERS (BHWs)
DILG-DOH JMC No. 2023-001, dated August 24, 2023- Retention and
Continued Service of Barangay Health Workers)
All LGUs shall afford protection to BHWs, as part of the human
resources critical in the delivery of devolved health services, against
termination without due process as deliberated within their respective
LHBs (Section 76 of RA 7160; Section 5, Rule II of RA 7883 IRR). This is
to ensure the continuation of basic services in the community and in
recognition of the trainings and resources provided to registered and/or
accredited BHWs in the LGU. [IV. General Guidelines (A)].
WHEN SHALL THE NEWLY-APPOINTED BARANGAY
OFFICIALS (Barangay Secretary, Barangay Treasurer,
DCW, Barangay Tanods, BHWs, Lupon Members) TAKE
THEIR OATH?
AFTER THE ISSUANCE OF THEIR RESPECTIVE
APPOINTMENT.
Note: The appointment should FIRST be issued BEFORE they
can take their Oath of Office.
10. PRACTICE OF PROFESSION OF THE PUNONG
BARANGAY and BARANGAY KAGAWADS
The Punong Barangay and the members of the Sangguniang
Barangay ARE NOT PROHIBITED from practicing their
profession; however, THEY ARE REQUIRED TO OBTAIN A
PRIOR WRITTEN PERMISSION WITH THE SECRETARY of
the DILG before they practice their profession (DILG Opinion
No. 21, s. 2017, dated September 7, 2017).
11. WHO ARE ENTITLED TO LEAVE PRIVILEGES?
1. Punong Barangay
2. Sangguniang Barangay members/ Barangay Kagaawad
3. SK Chair
4. Barangay Secretary
5. Barangay Treasurer (2.0 Coverage, 2.1, CSC-DBM Joint
Circular No. 1, series of 2004)
COMPUTATION OF LEAVE CREDITS FOR
BARANGAY SECRETARY and TREASURER
.
The Barangay Secretaries and Barangay Treasurers shall be
entitled to leave privileges provided they render service in the
barangay at LEAST FORTY (40) HOURS a week. (2.0
Coverage, 2.2, CSC-DBM Joint Circular No. 1, series of 2004)
COMPUTATION OF LEAVE CREDITS FOR PUNONG
BARANGAY and BARANGAY KAGAWAD
.
The cumulation of leave credits of the Punong Barangay and the Barangay Kagawad
shall be BASED ON THEIR ACTUAL ATTENDANCE in REGULAR SESSION of
the Sangguniang barangay.
For this purpose, the minimum number of regular sessions of the Sangguniang
barangay shall be two (2) times a month as required under Article 105 of the Rules
and Regulations Implementing of RA 7160 and shall be equal to TWENTY-FOUR
SESSIONS IN A YEAR. (3.0 Cumulation and Commutation, 3.3, CSC-DBM Joint
Circular No. 1, series of 2004)
COMPUTATION OF LEAVE CREDITS FOR PUNONG
BARANGAY and BARANGAY KAGAWAD
.
A Sangguniang Barangay member earns 1.25 days for every
Regular Session attended.
Computation:
1.25 days x 24 Regular Sessions = 30 days in a year
12. PRESIDING OFFICER
WHO SHALL PRESIDE THE SESSION OF THE BARANGAY?
LGC, Section 49. Presiding Officer. -
a) The vice-governor shall be the presiding officer of the
sangguniang panlalawigan; the city vice-mayor, of the
sangguniang panlungsod; the municipal vice-mayor, of the
sangguniang bayan; and the punong barangay, of the
sangguniang barangay.
The presiding officer shall vote only to break a tie.
WHO SHALL PRESIDE THE SESSION OF THE BARANGAY
IN CASE OF ABSENCE OR INABILITY OF THE PUNONG
BARANGAY?
LGC, Section 49. Presiding Officer. -
b) In the event of the inability of the regular presiding officer to
preside at a sanggunian session, the members present and
constituting a quorum shall elect from among themselves a
temporary presiding officer.
13. SESSIONS
WHAT TO DO ON THE FIRST DAY OF THE SESSION?
LGC, Section 52. Sessions. -
a) On the first day of the session immediately following the
election of its members, the sanggunian shall, by resolution,
fix the day, time, and place of its regular sessions. The
minimum numbers of regular sessions shall be twice a
month for the sangguniang barangay.
WHO MAY CALL FOR A SPECIAL SESSION?
LGC, Section 52. Sessions. -
b) When public interest so demands, special sessions may be
called by the local chief executive or by a majority of the
members of the sanggunian.
HOW IS SESSION CONDUCTED?
LGC, Section 52. Sessions. -
c) All sanggunian sessions shall be open to the public unless a
closed-door session is ordered by an affirmative vote of a
majority of the members present, there being a quorum, in
the public interest or for reasons of security, decency, or
morality.
No two (2) sessions, regular or special, may be held in a
single day.
HOW TO CALL FOR A SPECIAL SESSION?
LGC, Section 52. Sessions. -
d) In the case of special sessions of the sanggunian, a written
notice to the members shall be served personally at the
member's usual place of residence at least twenty-four (24)
hours before the special session is held.
REGULAR SESSION vs SPECIAL SESSION
Regular Sessions – are those sessions found in the approved
Internal Rules of Procedures.
Special Sessions – are those called upon by the Punong
Barangay or members of the Sangguniang Barangay other than
the Regular Sessions.
14. QUORUM
LGC, Section 53. Quorum. -
a) A majority of all the members of the sanggunian who have been
elected and qualified shall constitute a quorum to transact official
business.
Members of the Sangguniang Barangay – 9 members
(1 Punong Barangay, 7 Barangay Kagawad, 1 SK Chair)
The presence of FIVE members shall constitute QUORUM.
WHAT WILL THE PRESIDING OFFICER DO WHEN THERE IS NO
QUORUM?
LGC, Section 53. Quorum. -
c) If there is still no quorum despite the enforcement of the immediately preceding
subsection, no business shall be transacted. The presiding officer, upon proper
motion duly approved by the members present, shall then declare the session
adjourned for lack of quorum.
WHAT WILL THE PRESIDING OFFICER DO WHEN THERE IS NO
QUORUM?
LGC, Section 53. Quorum. -
b) Where there is no quorum, the presiding officer may declare a recess until such
time as a quorum is constituted, or a majority of the members present may adjourn
from day to day and may compel the immediate attendance of any member absent
without justifiable cause by designating a member of the sanggunian to be assisted
by a member or members of the police force assigned in the territorial jurisdiction of
the local government unit concerned, to arrest the absent member and present him
at the session.
VOTING
Majority
Rules
15. VOTING
LA CARLOTA Case
(G.R. No. 181367, April 24, 2012)
• The Presiding Officer is
INCLUDED in the
determination of Quorum
and ALSO INCLUDED in
the determination of Votes
JAVIER Case
(G.R. No. 185369, August 03, 2016)
The Presiding Officer is
INCLUDED in the
determination of Quorum but
EXCLUDED in the
determination of Votes
VOTING Illustration 1. Simple Majority
LA CARLOTA Case
(G.R. No. 181367, April 24, 2012)
Present:
1 Punong Barangay
5 Barangay Kagawad
Simple Majority - 4
JAVIER Case
(G.R. No. 185369, August 03, 2016)
Present:
1 Punong Barangay
5 Barangay Kagawad
Simple Majority - 3
VOTING
What does a “TIE VOTE”
means? .
- It means that the
motion is lost.
- Robert’s Rule of Order
(Henry M. Robert first
published Robert's Rules
of Order in 1876 to guide
non-legislative bodies in
how to conduct fair and
orderly meetings.)
VOTING
Can any member of the
Sangguniang Barangay
compel the Presiding
Officer to vote?
- NO.
However, if the Presiding
Officer desires to vote, he
or she should vote in the
AFFIRMATIVE.
Otherwise, the
NEGATIVE vote has no
effect.
VOTING Illustration 2. Two-thirds (2/3) Votes
LA CARLOTA Case
(G.R. No. 181367, April 24, 2012)
Present:
1 Punong Barangay
7 Barangay Kagawad
1 SK
2/3 Votes of 9
18 /3 = 6 Votes
JAVIER Case
(G.R. No. 185369, August 03, 2016)
1 Punong Barangay
7 Barangay Kagawad
1 SK
2/3 Votes of 8
16 /3 = 5.333 Votes (Round to 6
Votes)
WHAT IS THE REQUIRED VOTE FOR THE
APPROVAL OF ANNUAL APPROPRIATION
ORDINANCE
Appropriations ordinance requires the affirmative vote of a
MAJORITY OF ALL THE MEMBERS of the Sanguniang
Bayan for its passage (Municipality of Corella vs Philkonstrak
Development Corporation, G.R. No. 218663. February 28, 2022, citing
Article 107(g) of the IRR of the Local Government Code).
17. INTERNAL RULES OF PROCEDURE
LGC, Section 50. Internal Rules of Procedure. -
a) On the first regular session following the election of its
members and within ninety (90) days thereafter, the
Sanggunian concerned shall adopt or update its existing
rules of procedure.
LGC, Section 50. Internal Rules of Procedure. -
b) The rules of procedure shall provide for the following:
(1) The organization of the sanggunian and the election of its officers
as well as the creation of standing committees which shall include,
but shall not be limited to, the committees on appropriations,
women and family, human rights, youth and sports development,
environmental protection, and cooperatives; the general
jurisdiction of each committee; and the election of the chairman and
members of each committee;
LGC, Section 50. Internal Rules of Procedure. -
b) The rules of procedure shall provide for the following:
(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the conduct
of members during sessions;
LGC, Section 50. Internal Rules of Procedure. -
b) The rules of procedure shall provide for the following:
(5) The discipline of members for disorderly behavior and absences without
justifiable cause for four (4) consecutive sessions, for which they may be
censured, reprimanded, or excluded from the session, suspended for not
more than sixty (60) days, or expelled:
Provided, That the penalty of suspension or expulsion shall require the
concurrence of at least two-thirds (2/3) vote of all the sanggunian
members: Provided, further, That a member convicted by final
judgment to imprisonment of at least one (1) year for any crime involving moral
turpitude shall be automatically expelled from the sanggunian; and
LGC, Section 50. Internal Rules of Procedure. -
b) The rules of procedure shall provide for the following:
(6) Such other rules as the sanggunian may adopt.
WHO CAN
REMOVE AN
ELECTED
OFFICIAL?
An elective official may be removed from
office ONLY by order of the proper court
(DILG Opinion No. 69, s. of 2010).
CAN THE
SANGGUNIANG
BAYAN REMOVE
AN ELECTED
BARANGAY
OFFICIAL?
LGC, Section 66. Form and Notice of
Decision. -
(b) The penalty of suspension shall
not exceed the unexpired term of the
respondent or a period of six (6)
months for every administrative
offense, nor shall said penalty be a
bar to the candidacy of the
respondent so suspended as long as
he meets the qualifications required
for the office.
WHAT ARE THE GROUNDS FOR DISCIPLINARY
ACTIONS?
LGC, Section 60. Grounds for Disciplinary Actions - An elective
local official may be disciplined, suspended, or removed from office
on any of the following grounds:
a) Disloyalty to the Republic of the Philippines;
b) Culpable violations of the Constitution;
c) Dishonesty, oppression, misconduct in office, gross negligence, or
dereliction of duty;
WHAT ARE THE GROUNDS FOR DISCIPLINARY
ACTIONS?
d) Commission of any offense involving moral turpitude or an
offense punishable by at least prison mayor;
e) Abuse of authority;
f) Unauthorized absence for fifteen (15) consecutive working days,
except in the case of members of the sangguniang panlalawigan,
sangguniang panlungsod, sangguniang bayan, and sangguniang
barangay;
WHAT ARE THE GROUNDS FOR DISCIPLINARY
ACTIONS?
g) Application for, or acquisition of, foreign citizenship or residence or
the status of an immigrant of another country; and,
f) Such other grounds as may be provided in this Code and other laws;
RA 6713 "Code of Conduct and Ethical Standards for Public Officials and
Employees."
RA3019. “Anti-Graft and Corrupt Practices Act.”
18. KNOWING AND
UNDERSTANDING THE
DUTIES AND
RESPONSIBILITIES OF
THE PUNONG
BARANGAY and BARANGAY
KAGAWAD
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
LGC, Section 389. Chief Executive: Powers, Duties, and Functions. -
a) The punong barangay, as the chief executive of the barangay
government, shall exercise such powers and perform such duties and
functions, as provided by this Code and other laws.
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
b) For efficient, effective and economical governance, the purpose of
which is the general welfare of the barangay and its inhabitants
pursuant to Section 16 of this Code, the punong barangay shall:
(1) Enforce all laws and ordinances which are applicable
within the barangay;
(2) Negotiate, enter into, and sign contracts for and in behalf of the
barangay, upon authorization of the sangguniang barangay;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(3) Maintain public order in the barangay and, in pursuance thereof,
assist the city or municipal mayor and the sanggunian members in
the performance of their duties and functions;
(4) Call and preside over the sessions of the sangguniang barangay
and the barangay assembly, and vote only to break a tie;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(5) Upon approval by a majority of all the members of the
sangguniang barangay, appoint or replace the barangay treasurer,
the barangay secretary, and other appointive barangay officials;
(6) Organize and lead an emergency group whenever the same may be
necessary for the maintenance of peace and order or on
occasions of emergency or calamity within the barangay;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(7) In coordination with the barangay development council, prepare
the annual executive and supplemental budgets of the barangay;
(8) Approve vouchers relating to the disbursement of barangay funds;
(9) Enforce laws and regulations relating to pollution control and
protection of the environment;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(10) Administer the operation of the katarungang pambarangay in
accordance with the provisions of this Code;
(11) Exercise general supervision over the activities of the
sangguniang kabataan;
(12) Ensure the delivery of basic services as mandated under Section
17 of this Code;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(13) Conduct an annual palarong barangay which shall feature
traditional sports and disciplines included in national and
international games, in coordination with the Department of
Education, Culture and Sports;
(14) Promote the general welfare of the barangay; and,
(15) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
c) In the performance of his peace and order functions. the punong
barangay shall be entitled to possess and carry the necessary firearm
within his territorial jurisdiction, subject to appropriate rules and
regulations.
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
LGC, Section 391. Sangguniang Barangay: Powers, Duties, and
Functions. -
a) The sangguniang barangay, as the legislative body of the barangay,
shall:
(1) Enact ordinances as may be necessary to discharge the
responsibilities conferred upon it by law or ordinance and to
promote the general welfare of the inhabitants therein;
(2) Enact tax revenue ordinances, subject to the limitations imposed
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(3) Enact annual and supplemental budgets in accordance with the
provisions of this Code;
(4) Provide for the construction and maintenance of barangay
facilities and other public works projects chargeable to the
general fund of the barangay or such other funds actually
available for the purpose;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(5) Submit to the sangguniang panlungsod or sangguniang bayan
such suggestions or recommendations as it may see fit for the
improvement of the barangay or for the welfare of the
inhabitants thereof;
(6) Assist in the establishment, organization, and promotion of
cooperative enterprises that will improve the economic condition
and well-being of the residents;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(7) Regulate the use of multi-purpose halls, multi-purpose pavements,
grain or copra dryers, patios and other post-harvest facilities,
barangay waterworks, barangay markets, parking areas or
other similar facilities constructed with government funds
within the jurisdiction of the barangay and charge reasonable
fees for the use thereof;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(8) Solicit or accept monies, materials and voluntary labor for specific
public works and cooperative enterprises of the barangay from
residents, land owners, producers and merchants in the
barangay; monies from grants-in-aid, subsidies, contributions,
and revenues made available to the barangays from national,
provincial, city or municipal funds; and monies from other
private agencies and individuals: Provided, however, That
monies or properties donated by private agencies and individuals
for specific purposes shall accrue to the barangay as trust
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(9) Solicit or accept, in any or all the foregoing public works and
cooperative enterprises, such cooperation as is made available
by national, provincial, city, or municipal agencies established
by law to render financial, technical, and advisory assistance to
barangays and to barangay residents: Provided, however, That in
soliciting or accepting such cooperation, the sangguniang
barangay need not pledge any sum of money for expenditure in
excess of amounts currently in the barangay treasury or
encumbered for other purposes;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(10) Provide compensation, reasonable allowances or per diems as
well as travel expenses for sangguniang barangay members and
other barangay officials, subject to the budgetary limitations
prescribed under Title Five, Book II of this Code: Provided,
however, That no increase in the compensation or honoraria of the
sangguniang barangay members shall take effect until after
the expiration of the full term of all members of the sangguniang
barangay approving such increase;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(11) Hold fund-raising activities for barangay projects without the
need of securing permits from any national or local office or agency.
The proceeds from such activities shall be tax-exempt and shall
accrue to the general fund of the barangay: Provided, That in the
appropriation thereof, the specific purpose for which
such fund- raising activity has been held shall be first
satisfied: Provided, further, That no fund-raising activities
shall be held within a period of sixty (60) days immediately
preceding and after a national or local election, recall,
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
Provided, finally, That said fund-raising activities shall comply
with national policy standards and regulations on morals, health,
and safety of the persons participating therein. The
sangguniang barangay, through the punong barangay, shall
render a public accounting of the funds raised at the
completion of the project for which the fund-raising activity was
undertaken
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(12) Authorize the punong barangay to enter into contracts in behalf
of the barangay, subject to the provisions of this Code;
(13) Authorize the barangay treasurer to make direct purchases in an
amount not exceeding One thousand pesos (P1,000.00) at any
one time for the ordinary and essential administrative needs of
the barangay;
(14) Prescribe fines in amounts not exceeding One thousand pesos
(P1,000.00) for violation of barangay ordinances;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(15) Provide for the administrative needs of the lupong tagapamayapa
and the pangkat ng tagapagkasundo;
(16) Provide for the organization of community brigades, barangay
tanod, or community service units as may be necessary;
(17) Organize regular lectures, programs, or fora on community
problems such as sanitation, nutrition, literacy, and drug
abuse, and convene assemblies to encourage citizen
participation in government;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(18) Adopt measures to prevent and control the proliferation of
squatters and mendicants in the barangay;
(19) Provide for the proper development and welfare of children in the
barangay by promoting and supporting activities for the
protection and total development of children, particularly those
below seven (7) years of age;
(20) Adopt measures towards the prevention and eradication of drug
abuse, child abuse, and juvenile delinquency;
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
(21) Initiate the establishment of a barangay high school, whenever
feasible, in accordance with law;
(22) Provide for the establishment of a non-formal education center in
the barangay whenever feasible, in coordination with the
Department of Education, Culture and Sports;
(23) Provide for the delivery of basic services; and
(24) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
DUTIES AND RESPONSIBILITIES OF THE PUNONG
BARANGAY and BARANGAY KAGAWAD
LGC, Section 392. Other Duties of Sangguniang Barangay Members. - In
addition to their duties as members of the sangguniang barangay,
sangguniang barangay members may:
a) Assist the punong barangay in the discharge of his duties and
functions;
b) Act as peace officers in the maintenance of public order and safety;
and
c) Perform such other duties and functions as the punong barangay may
TO SIMPLIFY THE
DUTIES AND
RESPONSIBILITI
ES OF A
BARANGAY
KAGAWAD
THE BARANGAY KAGAWAD SHALL
LOOK FOR ISSUES PERTAINING TO
HIS OR HER COMMITTEE WHERE HE
OR SHE IS THE CHAIRMAN OR A
MEMBER, AND PRESENT THE
CORRESPONDING SOLUTION DURING
A SESSION EITHER THROUGH:
1) ORDINANCE; or
2) RESOLUTION
TO SIMPLIFY THE
DUTIES AND
RESPONSIBILITI
ES OF A
BARANGAY
KAGAWAD
THE BARANGAY KAGAWAD SHALL
LOOK FOR ISSUES/PROBLEMS
PERTAINING TO HIS OR HER
COMMITTEE WHERE HE OR SHE IS
THE CHAIRMAN OR A MEMBER, AND
PRESENT THE CORRESPONDING
SOLUTION DURING A SESSION IN A
FORM OF EITHER:
1) ORDINANCE; or
2) RESOLUTION
19. The RULE ON `
CONTINUING
QUALIFICATIONS
Qualifications prescribed
by law for public elective
positions in the Philippines
are continuing
requirements and must be
possessed for the duration
of the officer’s active
tenure.
KIKO is the incumbent Punong Barangay of Barangay
Pag-asa. Before the October 30, 2023 BSKE, he
transferred his Voter’s Registration to Barangay
Mabuhay.
What is the effect of his transfer of registration?
HE IS CONSIDERED IPSO FACTO RESIGNED AS PUNONG
BARANGAY OF BARANGAY PAG-ASA APPLYING THE RULE ON
CONTINUING QUALIFICATIONS.
20. The CONCEPT OF
DEBATE
THE CONCEPT OF DEBATE
IN A SESSION
IS TO ENHANCE AN
IDEA OR PROPOSAL
TO MAKE IT MORE
RESPONSIVE TO THE
PROBLEM OR ISSUE AND
NOT TO
PERSONALLY
ATTACK THE
PROPONENT.
21. Monitored DILG PROGRAMS
21.1. Barangay Road Clearing (DILG Memorandum Circular 2019-121)
Article 2189 of the Civil Code. Provinces, cities and municipalities shall be
liable for damages for the death of, or injuries suffered by, any person by
reason of the defective condition of roads, streets, bridges, public buildings,
and other public works under their control or supervision.
Section 24, Local Government Code of 1991. Liability for Damages. - Local
government units and their officials are NOT EXEMPT from liability for
death or injury to persons or damage to property.
Monitored DILG PROGRAMS
21.2. Barangay Anti-Drug Abuse Council (BADAC) DILG-DDB Joint
Memorandum Circular 2018-01)
Requirement: Conduct Monthly Meeting
Monitored DILG PROGRAMS
21.3. Barangay Peace and Order Committee (BPOC) DILG
Memorandum Circular 2015-130)
Requirement: Conduct Monthly Meeting
Monitored DILG PROGRAMS
21.4. Lupong Tagapamayapa [LGC, Section 402(b)]
(b) Meet regularly once a month to provide a forum for exchange of ideas
among its members and the public on matters relevant to the amicable
settlement of disputes, and to enable various conciliation panel members
to share with one another their observations and experiences in effecting
speedy resolution of disputes;
Monitored DILG PROGRAMS
21.5. Barangay Assembly [LGC, Section 397(b)]
(b) The barangay assembly shall meet at least twice a year to hear and
discuss the semestral report of the sangguniang barangay concerning its
activities and finances as well as problems affecting the barangay. Its
meetings shall be held upon call of the punong barangay or of at least
four (4) members of the sangguniang barangay, or upon written petition
of at least five percent (5%) of the assembly members.
22. ACCREDITATION OF BARANGAY-BASED NON-
GOVERNMENTAL ORGANIZATIONS (NGOs) AND
THEIR MEMBERSHIP IN THE BARANGAY-BASED
INSTITUTIONS (BBIs) (DILG Memorandum
Circular 2018-46)
1.0 LEGAL BASIS
1.1.3 Article 64, Rule XIII, IRR, RA 7160 (a) states in part that “within thirty (30)
days from the organization of the newly elected sanggunian, each sanggunian
concerned shall call all community-based people’s organizations or NGOs, including
business and professional groups, and other similar aggrupations to apply concerned
for accreditation for membership in the local special bodies.
2023 Barangay Officials pre assumption PPT.pptx

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2023 Barangay Officials pre assumption PPT.pptx

  • 1. 2023 BARANGAY OFFICIALS’ PRE- ASSUMPTION ORIENTATION/FORUM Preparing the Newly-Elected Barangay Officials for Efficient and Effective Governance Tubigon Cultural Center Pooc Occidental, Tubigon, Bohol November 15 and 16, 2023
  • 2.
  • 3. MATINO, MAHUSAY at MAAASAHAN!
  • 4. The CHALLENGE! ARE YOU THE INSTRUMENT OF PROGRESS OF YOUR BARANGAY or YOU ARE THE MENACE? ARE YOU THE BANE or THE BOON OF YOUR BARANGAY?
  • 5. The MISSION! ASPIRE TO LEAVE THE BEST LEGACY TO YOUR BARANGAY!
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  • 9. OBJECTIVES • To present to the incoming Barangay Officials their respective roles and responsibilities to avoid confusions • To present the procedure in the appointment of Appointive Barangay Officials • Introduce guidance and reference to the incoming Sangguniang Barangay to promote unity and teamwork • To prepare the incoming Barangay Officials for a smooth assumption to office at noon (12:01PM) of November 30, 2023
  • 10. OBJECTIVES • To help them understand the importance and as well learn the procedure in adopting the Internal Rules of Procedures • To give a venue for the incoming Barangay Officials to raise their issues and concerns relative to assumption • To help them understand the importance of a functional Sangguniang Barangay in effective governance • To help them understand and distinguish their respective functions
  • 11. PREPARATIONS OF THE BARANGAYS FOR ASSUMPTION TO OFFICE ON NOVEMBER 30, 2023 (NOON)
  • 12. 1. TURNOVER (DILG MC No. 2023-047, March 21, 2023) Conduct of Inventory and Turnover of Barangay/Sangguniang Kabataan Properties, Financial Records, Documents and Money Accountabilities by all incumbent Barangay and SK Officials, and the creation of Barangay and SK Inventory Team and the City/Municipal Assessment and Turnover Team, in view of the October 30, 2023, Barangay and Sangguniang Kabataan Elections Schedule: Before noon of November 30, 2023
  • 13. TURNOVER (DILG MC No. 2023-047, March 21, 2023) Conduct of Inventory and Turnover of Barangay/Sangguniang Kabataan Properties, Financial Records, Documents and Money Accountabilities by all incumbent Barangay and SK Officials, and the creation of Barangay and SK Inventory Team and the City/Municipal Assessment and Turnover Team, in view of the October 30, 2023, Barangay and Sangguniang Kabataan Elections Schedule: Before noon of November 30, 2023
  • 14. 2. ASSUMPTION TO OFFICE RA 11935, Section 4. Assumption to Office. - The term of the brangay and sangguniang kabataan officials elected under this Act shall commence at noon of November 30 next following their election
  • 15. 3. DOCUMENTARY REQUIREMENTS FOR ASSUMPTION TO OFFICE 1. Filing of SOCE (Certificate of Compliance) 2. Oath of Office 3. Filing of SALN
  • 16. 3.1. OATH OF OFFICE WHEN SHALL ELECTED BARANGAY OFFICIALS TAKE THEIR OATH OF OFFICE? AT ANYTIME BEFORE NOON OF NOVEMBER 30, 2023. Requirements: At least five (5) original copies of the Oath of Office. One (1) original for the MLGOO.
  • 17. What is the significance of an oath of office to public office? An oath of office is a qualifying requirement for a public office. It is a prerequisite to the full investiture with the office. It is only when a public officer has satisfied this prerequisite that his right to enter into the position becomes plenary and complete (Mendoza vs Laxima, Sr. GR No. 146875, July 14, 2003, 406 SCRA 156).
  • 18. WHO ARE AUTHORIZED TO ADMINISTER OATH? The following officials are authorized to administer oaths: (a) President; (b) Vice-President; (c) Members and Secretaries of both Houses of Congress; (d) Members of the Judiciary; (e) Secretaries of Departments; (f) Provincial governors and lieutenant-governors;
  • 19. WHO ARE AUTHORIZED TO ADMINISTER OATH? (g) city mayors; (h) municipal mayors; (i) bureau directors; (j) regional directors; (k) clerks of courts; (l) registrars of deeds;
  • 20. WHO ARE AUTHORIZED TO ADMINISTER OATH? (m) other civilian officers in the Philippines public service whose appointments are vested in the President of the Philippines and are subject to confirmation by the Commission of Appointments; (n) all other constitutional officers; and (o) notaries public.
  • 21. WHO ARE AUTHORIZED TO ADMINISTER OATH? The PUNONG BARANGAY is authorized to administer the oath of office of any government official including the President of the Philippines (Section 21, E.O. No. 292, as amended by R.A. No. 6733 and R.A. No. 10755).
  • 22. 3.2. Statement of Contributions and Expenditures (SOCE) - Last day of filing Statement of Contributions and Expenditures by candidates is on 29 November 2023. (COMELEC Resolution No. 10899) 3.3. Statement of Assets, Liabilities and Net (SALN) Worth - A public officer or employee shall, upon assumption of office
  • 23. 4. APPOINTMENT OF BARANGAY SECRETARY and TREASURER • The PUNONG BARANGAY is advised to sign the APPOINTMENTS of Barangay SECRETARY and Barangay TREASURER ANYTIME in the AFTERNOON OF NOVEMBER 30, 2023, and administer the Oath of Office.
  • 24. 4.1. APPOINTMENT OF SECRETARY LGC, Section 394. Barangay Secretary: Appointment, Qualification, Powers and Duties. a) The barangay secretary shall be appointed by the punong barangay with the concurrence of the majority of all the sangguniang barangay members. The appointment of the barangay secretary shall not be subject to attestation by the Civil Service Commission.
  • 25. APPOINTMENT OF SECRETARY LGC, Section 394. Barangay Secretary: Appointment, Qualification, Powers and Duties. b) The barangay secretary shall be of legal age, a qualified voter and an actual resident of the barangay concerned. c) No person shall be appointed barangay secretary if he is a sangguniang barangay member, a government employee, or a relative of the punong barangay within the fourth civil degree of consanguinity of affinity.
  • 26. 4.2. APPOINTMENT OF BARANGAY TREASURER LGC, Section 395. Barangay Treasurer: Appointment, Qualification, Powers and Duties. a) The barangay treasurer shall be appointed by the punong barangay with the concurrence of the majority of all the sangguniang barangay members. The appointment of the barangay treasurer shall not be subject to attestation by the Civil Service Commission.
  • 27. APPOINTMENT OF BARANGAY TREASURER LGC, Section 395. Barangay Treasurer: Appointment, Qualification, Powers and Duties. b) The barangay treasurer shall be of legal age, a qualified voter, and an actual resident of the barangay concerned. (c) No person shall be appointed barangay treasurer if he is a sangguniang barangay member, a government employee, or a relative of the punong barangay within the fourth civil degree of consanguinity or affinity.
  • 28. 4th Civil Degree of Consanguinity or Affinity
  • 29. APPOINTMENT OF BARANGAY TREASURER LGC, Section 395. Barangay Treasurer: Appointment, Qualification, Powers and Duties. d) The barangay treasurer shall be bonded in accordance with existing laws in an amount to be determined by the sangguniang barangay but not exceeding Ten thousand pesos (P10,000.00), premiums for which shall be paid by the barangay.
  • 30. What are the stages in the appointment of barangay secretary and Treasurer? a) Issuance by the Punong Barangay of the appointment of barangay secretary and treasurer; and b) Submission of such appointment papers to the sangguniang barangay for its concurrence or approval.
  • 31. Parameters to be considered by the Sangguniang Barangay for its concurrence of the appointments of Barangay Secretary and Treasurer: 1) Must be of legal age; 2) Must be a qualified voter; 3) Must be an actual resident of the barangay concerned 4) Must not be a sangguniang barangay, a government employee; and 5) Must not be related to the Punong Barangay within the fourth degree of consanguinity or affinity (Section 394, 395, RA 7160)
  • 32. Under the Local Government Code, an appointive local official is required to be a RESIDENT of the local government unit concerned. What is meant by being a RESIDENT? It shall mean an actual residence in the locality for at least six (6) months immediately preceding his/her appointment (Article 121, IRR, RA 7160).
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  • 35. CONCURRENCE Who determines if the appointee of the Punong Barangay is qualified to hold the office? The Sangguniang Barangay determines whether or not the appointee of the Punong Barangay possesses all the qualifications of a barangay SECRETARY or TREASURER (Section 3, Article 2, DILG Memorandum Circular No. 2002- 150).
  • 36. CONCURRENCE The appointee POSSESSES ALL THE QUALIFICATIONS AND NONE OF THE DISQUALIFICATIONS. May the Sangguniang Barangay withhold the concurrence of his or her appointment? NO. When the appointee possesses all the qualifications, any withholding of concurrence by the Sangguniang Barangay shall be considered WHIMSICAL, ARBITRARY and UNJUSTIFIABLE, and would thus be tantamount to abuse of authority (Section 3, Article 2, DILG Memorandum Circular No. 2002-150).
  • 37. CONCURRENCE May the Sagguniang Barangay Members oppose the Appointment of the Barangay Secretary or Barangay Treasurer? YES. But ONLY if the APPOINTEE did NOT meet the qualifications as provided by law.
  • 38. CONCURRENCE Can the APPOINTEE of the Punong Barangay perform the powers and duties of office he was appointed pending compliance of concurrence requirements? YES. In the exigency of public service, the appointee, pending compliance with the condition of concurrence, SHALL BE ALLOWED to discharge and perform the powers, duties and responsibilities pertaining to the office and he shall be considered to be holding a TEMPORARY APPOINTMENT (Section 4, Article 2, DILG Memorandum Circular No.
  • 39. CONCURRENCE Within what period shall the Sangguniang Barangay act on the appointment issued by the Punong Barangay? The Sangguniang Barangay shall act on the appointment within fifteen (15) days from receipt of the appointment as submitted by the Punong Barangay (Section 5, Article 2, DILG Memorandum Circular No. 2002- 150, citing Section 5, RA 6713 - "Code of Conduct and Ethical Standards for Public Officials and Employees.").
  • 40. CONCURRENCE Is concurrence of the Sangguniang Barangay required for the appointment issued by the Punong Barangay? Section 389. Chief Executive: Powers, Duties, and Functions. (b) For efficient, effective and economical governance, the purpose of which is the general welfare of the barangay and its inhabitants pursuant to Section 16 of this Code, the punong barangay shall: (5) Upon approval by a majority of all the members of the sangguniang barangay, appoint or replace the barangay treasurer, the barangay secretary, and other appointive barangay.
  • 41. What are other “qualifications” which may be considered in appointments? • TRAININGS ATTENDED • WILLINGNESS TO SERVE THE PUBLIC NOTE: Make sure that appointed barangay officials will be able to help the barangay’s progress and development and not SIMPLY appointed for accommodation.
  • 42. 5. NOTICE OF ASSUMPTION TO OFFICE of ELECTED and APPOINTIVE OFFICIALS The newly-appointed Barangay SECRETARY shall prepare the NOTICE OF ASSUMPTION TO OFFICE of ALL ELECTED and APPOINTED Barangay Officials duly signed by the concerned official.
  • 43. 6. APPOINTMENTS OF LOSING BARANGAY CANDIDATES LGC, IRR, ARTICLE 81. Appointment of Candidates Who Lost in an Election. — EXCEPT FOR LOSING CANDIDATES IN BARANGAY ELECTIONS, no candidate who lost in any election shall, within one (1) year after such election, be appointed to any office in the government or any GOCCs or in any of their
  • 44. 7. NEPOTISM RULE IN THE BARANGAY What is meant by nepotism? Nepotism refers to the bestowal of patronage by public officers in appointing others to positions by reason of blood or marital relationship to appointing authority (Black Law Dictionary, 1983).
  • 45. NEPOTISM RULE IN THE BARANGAY Distinguish consanguinity from affinity. Consanguinity means by blood, while affinity by marriage (DILG Opinion No. 21, s. 2008).
  • 46. 8. NATURE OF CO-TERMINUS BARANGAY OFFICIALS ALL BARANGAY APPOINTMENTS EXPIRE ON NOVEMBER 30, 2023, NOON, except the Lupon Members. (Section 400, RA 7160). There is a need to issue new appointment to all appointive positions of the barangay.
  • 47. 9. APPOINTMENT OF BARANGAY TANODS, LUPONS, CDW (DCW), BHWs and ITS NATURE Does nepotism rule apply to the appointment of Barangay Tanod, Lupon, Day Care Worker and Barangay Health Workers? NO. The rule does not apply. There is no express provision under the Local Government Code. They do not belong to career service (DILG Opinion No. 3, s. 2003).
  • 48. 9.1. Barangay Tanods LEGAL BASIS Memorandum Circular 2003-42 – Guidelines on Professionalizing the Barangay Tanod
  • 49. QUALIFICATIONS OF A BARANGAY TANOD 1. A Filipino Citizen 2. Must be a resident of at least 6 months of the barangay 3. Must be a registered voter 4. Must be at least 18 years old but not more than 60 years old 5. Can read and write 6. Of good moral character 7. Physically and mentally fit
  • 50. 9.2. Lupon Members LEGAL BASIS • Creation Sec. 399, RA 7160 Composition PB as Lupon Chairman Brgy. Secretary as Lupon Secretary 10 not more than 20 members
  • 51. Qualifications of Lupon Members • Persons who are residents or working in the barangay • Possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity • Not expressly disqualified by law [LGC, Section 399 (b)] Disqualified to become members of the Lupon • Below 18 years of age • Incompetent • Convicted of a crime with penalties of perpetual or temporary disqualification from holding public office • Elected Government Officials • Member of the Armed Forces who is in the active service (DILG Opinion No. 79. S. 2022)
  • 52. Lupon Members Term of Office. On holdover capacity. LEGAL BASIS Section 400. Oath and Term of Office. Upon appointment, each lupon member shall take an oath of office before the punong barangay. He shall hold office until a new lupon is constituted on the third year following his appointment unless sooner terminated by resignation, transfer of residence or place of work, or withdrawal of appointment by the punong barangay with the concurrence of the majority of all the members of the lupon.
  • 53. 9.3. CHILD DEVELOPMENT WORKER (Day Care Worker) LEGAL BASIS • Republic Act No. 6972 “Barangay-Level Total Development and Protection of Children Act”. • This law provides for the establishment of a day care center in every barangay.
  • 54. Qualifications of Child Development Worker (Day Care Worker) Functions of the Department of Social Welfare and Development. - The Department shall: (a) Formulate the criteria for the selection, qualifications, training and accreditation of barangay day care workers and the standards for the implementation of the total development and protection of children program. (Sec. 5 of RA 6972)
  • 55. Qualifications of Child Development Worker (Day Care Worker) 1) At least 18 years of age; 2) College level, preferably with education course or social science; 3) A bonafide resident of the barangay where she/he will be assigned; 4) Willing to undergo training on Early Childhood Care and Development (ECCD); 5) Must undergo competency self-assessment after 3 months of On-the- job (OJT) at MSWDO; 6) Must undergo accreditation after 6 months; 7) No criminal or derogatory record; and, 8) Appointed by the Punong Barangay.
  • 56. 9.4. BARANGAY HEALTH WORKERS (BHWs) - Refer to those who have undergone training programs under any accredited government and non-government organization and who render primary health care services in the community after having been accredited to function as such by the Local Health Board in accordance with the guidelines promulgated by the DOH (RA No. 7883, Section 3; DILG-DOH JMC No. 2023- 001, dated August 24, 2023- Retention and Continued Service of Barangay Health Workers).
  • 57. BARANGAY HEALTH WORKERS (BHWs) DILG-DOH JMC No. 2023-001, dated August 24, 2023- Retention and Continued Service of Barangay Health Workers) All LGUs shall afford protection to BHWs, as part of the human resources critical in the delivery of devolved health services, against termination without due process as deliberated within their respective LHBs (Section 76 of RA 7160; Section 5, Rule II of RA 7883 IRR). This is to ensure the continuation of basic services in the community and in recognition of the trainings and resources provided to registered and/or accredited BHWs in the LGU. [IV. General Guidelines (A)].
  • 58. WHEN SHALL THE NEWLY-APPOINTED BARANGAY OFFICIALS (Barangay Secretary, Barangay Treasurer, DCW, Barangay Tanods, BHWs, Lupon Members) TAKE THEIR OATH? AFTER THE ISSUANCE OF THEIR RESPECTIVE APPOINTMENT. Note: The appointment should FIRST be issued BEFORE they can take their Oath of Office.
  • 59. 10. PRACTICE OF PROFESSION OF THE PUNONG BARANGAY and BARANGAY KAGAWADS The Punong Barangay and the members of the Sangguniang Barangay ARE NOT PROHIBITED from practicing their profession; however, THEY ARE REQUIRED TO OBTAIN A PRIOR WRITTEN PERMISSION WITH THE SECRETARY of the DILG before they practice their profession (DILG Opinion No. 21, s. 2017, dated September 7, 2017).
  • 60. 11. WHO ARE ENTITLED TO LEAVE PRIVILEGES? 1. Punong Barangay 2. Sangguniang Barangay members/ Barangay Kagaawad 3. SK Chair 4. Barangay Secretary 5. Barangay Treasurer (2.0 Coverage, 2.1, CSC-DBM Joint Circular No. 1, series of 2004)
  • 61. COMPUTATION OF LEAVE CREDITS FOR BARANGAY SECRETARY and TREASURER . The Barangay Secretaries and Barangay Treasurers shall be entitled to leave privileges provided they render service in the barangay at LEAST FORTY (40) HOURS a week. (2.0 Coverage, 2.2, CSC-DBM Joint Circular No. 1, series of 2004)
  • 62. COMPUTATION OF LEAVE CREDITS FOR PUNONG BARANGAY and BARANGAY KAGAWAD . The cumulation of leave credits of the Punong Barangay and the Barangay Kagawad shall be BASED ON THEIR ACTUAL ATTENDANCE in REGULAR SESSION of the Sangguniang barangay. For this purpose, the minimum number of regular sessions of the Sangguniang barangay shall be two (2) times a month as required under Article 105 of the Rules and Regulations Implementing of RA 7160 and shall be equal to TWENTY-FOUR SESSIONS IN A YEAR. (3.0 Cumulation and Commutation, 3.3, CSC-DBM Joint Circular No. 1, series of 2004)
  • 63. COMPUTATION OF LEAVE CREDITS FOR PUNONG BARANGAY and BARANGAY KAGAWAD . A Sangguniang Barangay member earns 1.25 days for every Regular Session attended. Computation: 1.25 days x 24 Regular Sessions = 30 days in a year
  • 64. 12. PRESIDING OFFICER WHO SHALL PRESIDE THE SESSION OF THE BARANGAY? LGC, Section 49. Presiding Officer. - a) The vice-governor shall be the presiding officer of the sangguniang panlalawigan; the city vice-mayor, of the sangguniang panlungsod; the municipal vice-mayor, of the sangguniang bayan; and the punong barangay, of the sangguniang barangay. The presiding officer shall vote only to break a tie.
  • 65. WHO SHALL PRESIDE THE SESSION OF THE BARANGAY IN CASE OF ABSENCE OR INABILITY OF THE PUNONG BARANGAY? LGC, Section 49. Presiding Officer. - b) In the event of the inability of the regular presiding officer to preside at a sanggunian session, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer.
  • 66. 13. SESSIONS WHAT TO DO ON THE FIRST DAY OF THE SESSION? LGC, Section 52. Sessions. - a) On the first day of the session immediately following the election of its members, the sanggunian shall, by resolution, fix the day, time, and place of its regular sessions. The minimum numbers of regular sessions shall be twice a month for the sangguniang barangay.
  • 67. WHO MAY CALL FOR A SPECIAL SESSION? LGC, Section 52. Sessions. - b) When public interest so demands, special sessions may be called by the local chief executive or by a majority of the members of the sanggunian.
  • 68. HOW IS SESSION CONDUCTED? LGC, Section 52. Sessions. - c) All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality. No two (2) sessions, regular or special, may be held in a single day.
  • 69. HOW TO CALL FOR A SPECIAL SESSION? LGC, Section 52. Sessions. - d) In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the member's usual place of residence at least twenty-four (24) hours before the special session is held.
  • 70. REGULAR SESSION vs SPECIAL SESSION Regular Sessions – are those sessions found in the approved Internal Rules of Procedures. Special Sessions – are those called upon by the Punong Barangay or members of the Sangguniang Barangay other than the Regular Sessions.
  • 71. 14. QUORUM LGC, Section 53. Quorum. - a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Members of the Sangguniang Barangay – 9 members (1 Punong Barangay, 7 Barangay Kagawad, 1 SK Chair) The presence of FIVE members shall constitute QUORUM.
  • 72. WHAT WILL THE PRESIDING OFFICER DO WHEN THERE IS NO QUORUM? LGC, Section 53. Quorum. - c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.
  • 73. WHAT WILL THE PRESIDING OFFICER DO WHEN THERE IS NO QUORUM? LGC, Section 53. Quorum. - b) Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the local government unit concerned, to arrest the absent member and present him at the session.
  • 75. 15. VOTING LA CARLOTA Case (G.R. No. 181367, April 24, 2012) • The Presiding Officer is INCLUDED in the determination of Quorum and ALSO INCLUDED in the determination of Votes JAVIER Case (G.R. No. 185369, August 03, 2016) The Presiding Officer is INCLUDED in the determination of Quorum but EXCLUDED in the determination of Votes
  • 76. VOTING Illustration 1. Simple Majority LA CARLOTA Case (G.R. No. 181367, April 24, 2012) Present: 1 Punong Barangay 5 Barangay Kagawad Simple Majority - 4 JAVIER Case (G.R. No. 185369, August 03, 2016) Present: 1 Punong Barangay 5 Barangay Kagawad Simple Majority - 3
  • 77. VOTING What does a “TIE VOTE” means? . - It means that the motion is lost. - Robert’s Rule of Order (Henry M. Robert first published Robert's Rules of Order in 1876 to guide non-legislative bodies in how to conduct fair and orderly meetings.)
  • 78. VOTING Can any member of the Sangguniang Barangay compel the Presiding Officer to vote? - NO. However, if the Presiding Officer desires to vote, he or she should vote in the AFFIRMATIVE. Otherwise, the NEGATIVE vote has no effect.
  • 79. VOTING Illustration 2. Two-thirds (2/3) Votes LA CARLOTA Case (G.R. No. 181367, April 24, 2012) Present: 1 Punong Barangay 7 Barangay Kagawad 1 SK 2/3 Votes of 9 18 /3 = 6 Votes JAVIER Case (G.R. No. 185369, August 03, 2016) 1 Punong Barangay 7 Barangay Kagawad 1 SK 2/3 Votes of 8 16 /3 = 5.333 Votes (Round to 6 Votes)
  • 80. WHAT IS THE REQUIRED VOTE FOR THE APPROVAL OF ANNUAL APPROPRIATION ORDINANCE Appropriations ordinance requires the affirmative vote of a MAJORITY OF ALL THE MEMBERS of the Sanguniang Bayan for its passage (Municipality of Corella vs Philkonstrak Development Corporation, G.R. No. 218663. February 28, 2022, citing Article 107(g) of the IRR of the Local Government Code).
  • 81. 17. INTERNAL RULES OF PROCEDURE LGC, Section 50. Internal Rules of Procedure. - a) On the first regular session following the election of its members and within ninety (90) days thereafter, the Sanggunian concerned shall adopt or update its existing rules of procedure.
  • 82. LGC, Section 50. Internal Rules of Procedure. - b) The rules of procedure shall provide for the following: (1) The organization of the sanggunian and the election of its officers as well as the creation of standing committees which shall include, but shall not be limited to, the committees on appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives; the general jurisdiction of each committee; and the election of the chairman and members of each committee;
  • 83. LGC, Section 50. Internal Rules of Procedure. - b) The rules of procedure shall provide for the following: (2) The order and calendar of business for each session; (3) The legislative process; (4) The parliamentary procedures which include the conduct of members during sessions;
  • 84. LGC, Section 50. Internal Rules of Procedure. - b) The rules of procedure shall provide for the following: (5) The discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded from the session, suspended for not more than sixty (60) days, or expelled: Provided, That the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the sanggunian members: Provided, further, That a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the sanggunian; and
  • 85. LGC, Section 50. Internal Rules of Procedure. - b) The rules of procedure shall provide for the following: (6) Such other rules as the sanggunian may adopt.
  • 86. WHO CAN REMOVE AN ELECTED OFFICIAL? An elective official may be removed from office ONLY by order of the proper court (DILG Opinion No. 69, s. of 2010).
  • 87. CAN THE SANGGUNIANG BAYAN REMOVE AN ELECTED BARANGAY OFFICIAL? LGC, Section 66. Form and Notice of Decision. - (b) The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6) months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office.
  • 88. WHAT ARE THE GROUNDS FOR DISCIPLINARY ACTIONS? LGC, Section 60. Grounds for Disciplinary Actions - An elective local official may be disciplined, suspended, or removed from office on any of the following grounds: a) Disloyalty to the Republic of the Philippines; b) Culpable violations of the Constitution; c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;
  • 89. WHAT ARE THE GROUNDS FOR DISCIPLINARY ACTIONS? d) Commission of any offense involving moral turpitude or an offense punishable by at least prison mayor; e) Abuse of authority; f) Unauthorized absence for fifteen (15) consecutive working days, except in the case of members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and sangguniang barangay;
  • 90. WHAT ARE THE GROUNDS FOR DISCIPLINARY ACTIONS? g) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and, f) Such other grounds as may be provided in this Code and other laws; RA 6713 "Code of Conduct and Ethical Standards for Public Officials and Employees." RA3019. “Anti-Graft and Corrupt Practices Act.”
  • 91. 18. KNOWING AND UNDERSTANDING THE DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD
  • 92. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD LGC, Section 389. Chief Executive: Powers, Duties, and Functions. - a) The punong barangay, as the chief executive of the barangay government, shall exercise such powers and perform such duties and functions, as provided by this Code and other laws.
  • 93. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD b) For efficient, effective and economical governance, the purpose of which is the general welfare of the barangay and its inhabitants pursuant to Section 16 of this Code, the punong barangay shall: (1) Enforce all laws and ordinances which are applicable within the barangay; (2) Negotiate, enter into, and sign contracts for and in behalf of the barangay, upon authorization of the sangguniang barangay;
  • 94. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (3) Maintain public order in the barangay and, in pursuance thereof, assist the city or municipal mayor and the sanggunian members in the performance of their duties and functions; (4) Call and preside over the sessions of the sangguniang barangay and the barangay assembly, and vote only to break a tie;
  • 95. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (5) Upon approval by a majority of all the members of the sangguniang barangay, appoint or replace the barangay treasurer, the barangay secretary, and other appointive barangay officials; (6) Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the barangay;
  • 96. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (7) In coordination with the barangay development council, prepare the annual executive and supplemental budgets of the barangay; (8) Approve vouchers relating to the disbursement of barangay funds; (9) Enforce laws and regulations relating to pollution control and protection of the environment;
  • 97. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (10) Administer the operation of the katarungang pambarangay in accordance with the provisions of this Code; (11) Exercise general supervision over the activities of the sangguniang kabataan; (12) Ensure the delivery of basic services as mandated under Section 17 of this Code;
  • 98. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (13) Conduct an annual palarong barangay which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports; (14) Promote the general welfare of the barangay; and, (15) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
  • 99. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD c) In the performance of his peace and order functions. the punong barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations.
  • 100. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD LGC, Section 391. Sangguniang Barangay: Powers, Duties, and Functions. - a) The sangguniang barangay, as the legislative body of the barangay, shall: (1) Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein; (2) Enact tax revenue ordinances, subject to the limitations imposed
  • 101. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (3) Enact annual and supplemental budgets in accordance with the provisions of this Code; (4) Provide for the construction and maintenance of barangay facilities and other public works projects chargeable to the general fund of the barangay or such other funds actually available for the purpose;
  • 102. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (5) Submit to the sangguniang panlungsod or sangguniang bayan such suggestions or recommendations as it may see fit for the improvement of the barangay or for the welfare of the inhabitants thereof; (6) Assist in the establishment, organization, and promotion of cooperative enterprises that will improve the economic condition and well-being of the residents;
  • 103. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (7) Regulate the use of multi-purpose halls, multi-purpose pavements, grain or copra dryers, patios and other post-harvest facilities, barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay and charge reasonable fees for the use thereof;
  • 104. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (8) Solicit or accept monies, materials and voluntary labor for specific public works and cooperative enterprises of the barangay from residents, land owners, producers and merchants in the barangay; monies from grants-in-aid, subsidies, contributions, and revenues made available to the barangays from national, provincial, city or municipal funds; and monies from other private agencies and individuals: Provided, however, That monies or properties donated by private agencies and individuals for specific purposes shall accrue to the barangay as trust
  • 105. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (9) Solicit or accept, in any or all the foregoing public works and cooperative enterprises, such cooperation as is made available by national, provincial, city, or municipal agencies established by law to render financial, technical, and advisory assistance to barangays and to barangay residents: Provided, however, That in soliciting or accepting such cooperation, the sangguniang barangay need not pledge any sum of money for expenditure in excess of amounts currently in the barangay treasury or encumbered for other purposes;
  • 106. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (10) Provide compensation, reasonable allowances or per diems as well as travel expenses for sangguniang barangay members and other barangay officials, subject to the budgetary limitations prescribed under Title Five, Book II of this Code: Provided, however, That no increase in the compensation or honoraria of the sangguniang barangay members shall take effect until after the expiration of the full term of all members of the sangguniang barangay approving such increase;
  • 107. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (11) Hold fund-raising activities for barangay projects without the need of securing permits from any national or local office or agency. The proceeds from such activities shall be tax-exempt and shall accrue to the general fund of the barangay: Provided, That in the appropriation thereof, the specific purpose for which such fund- raising activity has been held shall be first satisfied: Provided, further, That no fund-raising activities shall be held within a period of sixty (60) days immediately preceding and after a national or local election, recall,
  • 108. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD Provided, finally, That said fund-raising activities shall comply with national policy standards and regulations on morals, health, and safety of the persons participating therein. The sangguniang barangay, through the punong barangay, shall render a public accounting of the funds raised at the completion of the project for which the fund-raising activity was undertaken
  • 109. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (12) Authorize the punong barangay to enter into contracts in behalf of the barangay, subject to the provisions of this Code; (13) Authorize the barangay treasurer to make direct purchases in an amount not exceeding One thousand pesos (P1,000.00) at any one time for the ordinary and essential administrative needs of the barangay; (14) Prescribe fines in amounts not exceeding One thousand pesos (P1,000.00) for violation of barangay ordinances;
  • 110. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (15) Provide for the administrative needs of the lupong tagapamayapa and the pangkat ng tagapagkasundo; (16) Provide for the organization of community brigades, barangay tanod, or community service units as may be necessary; (17) Organize regular lectures, programs, or fora on community problems such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government;
  • 111. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (18) Adopt measures to prevent and control the proliferation of squatters and mendicants in the barangay; (19) Provide for the proper development and welfare of children in the barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven (7) years of age; (20) Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile delinquency;
  • 112. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD (21) Initiate the establishment of a barangay high school, whenever feasible, in accordance with law; (22) Provide for the establishment of a non-formal education center in the barangay whenever feasible, in coordination with the Department of Education, Culture and Sports; (23) Provide for the delivery of basic services; and (24) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
  • 113. DUTIES AND RESPONSIBILITIES OF THE PUNONG BARANGAY and BARANGAY KAGAWAD LGC, Section 392. Other Duties of Sangguniang Barangay Members. - In addition to their duties as members of the sangguniang barangay, sangguniang barangay members may: a) Assist the punong barangay in the discharge of his duties and functions; b) Act as peace officers in the maintenance of public order and safety; and c) Perform such other duties and functions as the punong barangay may
  • 114. TO SIMPLIFY THE DUTIES AND RESPONSIBILITI ES OF A BARANGAY KAGAWAD THE BARANGAY KAGAWAD SHALL LOOK FOR ISSUES PERTAINING TO HIS OR HER COMMITTEE WHERE HE OR SHE IS THE CHAIRMAN OR A MEMBER, AND PRESENT THE CORRESPONDING SOLUTION DURING A SESSION EITHER THROUGH: 1) ORDINANCE; or 2) RESOLUTION
  • 115. TO SIMPLIFY THE DUTIES AND RESPONSIBILITI ES OF A BARANGAY KAGAWAD THE BARANGAY KAGAWAD SHALL LOOK FOR ISSUES/PROBLEMS PERTAINING TO HIS OR HER COMMITTEE WHERE HE OR SHE IS THE CHAIRMAN OR A MEMBER, AND PRESENT THE CORRESPONDING SOLUTION DURING A SESSION IN A FORM OF EITHER: 1) ORDINANCE; or 2) RESOLUTION
  • 116. 19. The RULE ON ` CONTINUING QUALIFICATIONS
  • 117. Qualifications prescribed by law for public elective positions in the Philippines are continuing requirements and must be possessed for the duration of the officer’s active tenure.
  • 118. KIKO is the incumbent Punong Barangay of Barangay Pag-asa. Before the October 30, 2023 BSKE, he transferred his Voter’s Registration to Barangay Mabuhay. What is the effect of his transfer of registration? HE IS CONSIDERED IPSO FACTO RESIGNED AS PUNONG BARANGAY OF BARANGAY PAG-ASA APPLYING THE RULE ON CONTINUING QUALIFICATIONS.
  • 119. 20. The CONCEPT OF DEBATE
  • 120. THE CONCEPT OF DEBATE IN A SESSION IS TO ENHANCE AN IDEA OR PROPOSAL TO MAKE IT MORE RESPONSIVE TO THE PROBLEM OR ISSUE AND NOT TO PERSONALLY ATTACK THE PROPONENT.
  • 121.
  • 122. 21. Monitored DILG PROGRAMS 21.1. Barangay Road Clearing (DILG Memorandum Circular 2019-121) Article 2189 of the Civil Code. Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. Section 24, Local Government Code of 1991. Liability for Damages. - Local government units and their officials are NOT EXEMPT from liability for death or injury to persons or damage to property.
  • 123. Monitored DILG PROGRAMS 21.2. Barangay Anti-Drug Abuse Council (BADAC) DILG-DDB Joint Memorandum Circular 2018-01) Requirement: Conduct Monthly Meeting
  • 124. Monitored DILG PROGRAMS 21.3. Barangay Peace and Order Committee (BPOC) DILG Memorandum Circular 2015-130) Requirement: Conduct Monthly Meeting
  • 125. Monitored DILG PROGRAMS 21.4. Lupong Tagapamayapa [LGC, Section 402(b)] (b) Meet regularly once a month to provide a forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes;
  • 126. Monitored DILG PROGRAMS 21.5. Barangay Assembly [LGC, Section 397(b)] (b) The barangay assembly shall meet at least twice a year to hear and discuss the semestral report of the sangguniang barangay concerning its activities and finances as well as problems affecting the barangay. Its meetings shall be held upon call of the punong barangay or of at least four (4) members of the sangguniang barangay, or upon written petition of at least five percent (5%) of the assembly members.
  • 127. 22. ACCREDITATION OF BARANGAY-BASED NON- GOVERNMENTAL ORGANIZATIONS (NGOs) AND THEIR MEMBERSHIP IN THE BARANGAY-BASED INSTITUTIONS (BBIs) (DILG Memorandum Circular 2018-46) 1.0 LEGAL BASIS 1.1.3 Article 64, Rule XIII, IRR, RA 7160 (a) states in part that “within thirty (30) days from the organization of the newly elected sanggunian, each sanggunian concerned shall call all community-based people’s organizations or NGOs, including business and professional groups, and other similar aggrupations to apply concerned for accreditation for membership in the local special bodies.