Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

(eid Bin No._ 234

Introduced by Honorable Roilo Golez
EXPLANATORY NOTE

The barangay is the basic political unit and as such is closest to the people, being in the fronting of
the whole government machinery.

‘The barangay serves as the primary planning and implementing unit of government policies, plans,
programs, projects and activities in the community. it is a forum wherein the collective views of the people
may be expressed, crystallized and considered, and where disputes may be amicably settled.

Thus, in the overall government machinery, the barangay plays a vital role in service delivery,
information dissemination and community building, among others. Since barangays are close to the people,
barangays need to be empowered to respond adequately to the peculiarities of the locality and the citizenry
in general. Having been vested with authority to implement the Katarungang Pambarangay Program - a
task which is quite tedious to operationalize - to grant additional powers to the barangay insofar as the
issuance of licenses and permits are concerned would seem to be ministerial.

Barangays are also the most logical guards or natural resources within their jurisdiction. They
suffer most from degradation, thus they should have a major say in the exploration and utilization of
barangay resources. In having a say on the matter, barangays need to also be empowered to a bigger
share of proceeds of tax on sand, gravel and other quarry resources.

The grant of these powers would reduce the workload of the municipal government and speed up
processing at the direct level of the community. In reinventing government, empowering the basic political
unit is vital and necessary. In empowering barangays, we therefore enhance their role functionally and
financially as partners of the community and of the nation.

Passage of this measure is earnestly sought.

ROILO GOLEZ



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

(edge Bil No, 23-4

Introduced by Honorable Roilo Golez

ANACT
PROVIDING FOR BARANGAY EMPOWERMENT, AMENDING VARIOUS PROVISIONS OF THE LOCAL
GOVERNMENT CODE AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. - This Act shall be known and cited as the "Barangay Empowerment Act of
2010".

SEC, 2. Declaration of Policy. - \t is hereby declared to be the policy of the State that the
barangay, which is the basic political unit of the State, shall further be empowered to enjoy genuine and
meaningful local autonomy, enabling them to enhance their capabilities, attain their fullest development as
self-reliant communities and make them more effective partners in nation-building

SEC. 3. Scope of Application. - This Act shall apply to all barangays with a population of at
least three thousand (3,000) inhabitants as certfed by the National Statistics Office, already existing upon
the effectivity ofthis Act and as may be created by law.

SEC. 4. Barangay Building Official. - There shall be created a position of a Barangay
Building Official in all barangays provided of a Barangay Building Official in all barangays provided for in
Section 3 hereof. No person shall be appointed barangay building official unless he or she possesses the
following qualifications:

1) Filipino citizen, of good moral character and a resident in the barangay;
2) duly registered architect or civil engineer;

3) A member in good standing of a duly accredited organization of his profession for
not less than nine (9) months;

4) Has at least two (2) years of diversified and professional experience in building
design and construction.


The barangay building oficial shall be under the administrative supervision of the Secretary of the
Department on Public Works and Highways per Presidential Decree No. 1096 and its implementing rules
and regulations and shall enforce the provisions of the same within the barangay; Provided That, the
barangay building official shall be responsible for the issuance of building permits within the barangay for
one flooristorey buildings andlor residence with a floor area not exceeding 120 square meters.

SEC. 5. Additional Powers. - The punong barangay shall:

a) Issue business licenses and permits and suspend or revoke the same for any
violation of the conditions upon which said licenses or permits had been issued, pursuant to law or
ordinance: Provided That, the exercise of this power shall be limited to convenience stores and
other small business establishments with an annual gross income of one million pesos (PhP
1,000,000.00) or less;

b.) Upon approval by a majority of all the members of the sangguniang barangay,
appoint or replace a barangay building official and provide for compensation and reasonable
allowances pursuant to Section 391 (10) of Republic Act No. 7160;

¢) __ Issue permits, without need of approval therefor from any national or local agency,
for the holding of activities for any charitable or welfare purpose, excluding prohibited games of
chance or shows contrary to law, public policy and public morals;

d. Require owners of illegally constructed single floor houses, buildings or other
structures to obtain the necessary permit, subject to such fines and penalties as ma be imposed by
law or ordinance, or to make necessary changes in the construction of the same when said
construction violates any law or ordinance, or to order the demolition or removal of said house,
building or structure within the period prescribed by law or ordinance.

e) Act as collecting agent, after being deputized by the local treasurer, for the
municipality/city of license fees for signs, signboards, or billboards at the place or places where the
profession or business advertised thereby is, in whole or in part, conducted: Provided That, the
barangay shall retain thirty percent (30%) of the collection which shall be entered into its book and
be appropriated for development projects: Provided, finally, That, the seventy percent (70%) shall
accrue to the municipality/city concemed.

SEC. 6. Section 138 of Republic Act No. 7160, otherwise known as the Local Government
Code, is hereinafter amended to read as follows:

"Sec. 138. Resources Tax on Sand, Gravel and other Quarry. - The province may levy and
collect more than ten percent (10%) of the fair market value in the locality per cubic meter of ordinary
stones, sand, gravel, earth, and other quarry resources, as defined by the National Internal Revenue Code,
as amended, extracted from public lands or from the beds of the seas, lakes, rivers, streams, creeks, and
other public water within its territorial jurisdiction.

The permit to extract sand, gravel and other quarry resources shall be issued exclusively by the
provincial govemor FOR MEDIUM AND LARGE-SCALE EXTRACTION ACTIVITIES, pursuant to the
ordinance of the sangguniang panlalawigan: Provided That, PERMIT TO EXTRACT SAND, GRAVEL AND
OTHER QUARRY RESOURCES FOR SMALL-SCALE EXTRACTION ACTIVITIES IN ACCORDANCE


WITH REPUBLIC ACT NO. 7942, OTHERWISE KNOWN AS THE PHILIPPINE MINING ACT, SHALL BE
ISSUED EXCLUSIVELY BY THE PUNONG BARANGAY, PURSUANT TO THE ORDINANCE OF THE
SANGGUNIANG BARANGAY.

The proceeds of the tax on sand, gravel and other quarry resources shall be distributed as follows:
(1) Province - [Thirty] TWENTY percent (20%)

(2) Component City or Municipality where the sand, gravel, and other quarry resources are
extracted - Thirty percent (30%); and

(3) Barangay where the sand, gravel, and other quay resources are extracted - [Forty] FIFTY
percent (50%)

SEC. 7. Procedure of Appeal. - In the exercise ofthe additional powers granted herein, the
aggrieved party may file an appeal to the municipality or city concemed. The municipaltycity shall have
fifteen (15) days to dispose of the matter, or the same shall be construed as final.

SEC. 8. Review Powers Among Local Governments . - The procedure of review of
executive orders in the exercise of the powers granted herein shall be in accordance with Section 30 of
Republic Act No. 7160 or the Local Government Code.

SEC. 9. Separability Clause . - If any section or provision of this Act shall be declared
unconstitutional or invalid, such shall not invalidate any other section of this Act.

SEC. 10. — Repealing Clause . - All laws, decrees, orders, rules, regulations, ordinances or
Parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 11. — Effectivity clause . - This Act shall take effect fifteen (15) days upon its publication
in the at least two (2) general newspapers of national circulation.

Approved,