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NINETEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES }
Third Regular Session 
}
24 AUG 21 P5 '29
ivi;c.r.
SENATE
S. NO. 2800
Introduced by Senator Francis “Tol” N. Tolentino
AN ACT
FIXING THE TERM OF OFFICE OF BARANGAY OFFICIALS AND FOR OTHER
PURPOSES
EXPLANATORY NOTE
The existence of barangays forms part of our nation building, as enshrined in both 
the 1987 Constitution and Republic Act No. 7160 or the Local Government Code of 1991. 
As the basic political unit of the government, barangays enjoy local autonomy, as stated 
under Article X Section 2 of the Constitution.
They serve as the conduit between the government and the people; serving the 
frontline in the provision of basic services to their constituents. In addition to this, they also 
fill important governance efforts as catalysts of development, peacemakers, lawmakers, 
implementers, and disaster risk reduction managers, among others, in their respective 
areas of jurisdiction.
As of 30 June 2024, there are 42,004 barangays in the country1, all of which rely on 
the stewardship of their respective officials, who diligently perform the duties and functions 
mandated by the Local Government Code. However, despite the crucial roles taken by our 
barangay officials, their public service is often cut short by the term of office afforded to 
them.
Under the 1987 Constitution, the term of office of elective barangay officials shall be 
determined by law. Thus, several measures were enacted that modified the duration of the 
barangay officials term of office, due to the surrounding circumstances during that time. 
Republic Act No. 8524 amended Section 43 of Republic Act No. 7160 or the Local 
Government Code of 1991, changing the term of office of barangay officials from three
https7/wwwdilg.gQv.ph/PDF File/factsfigures/dilg-facts-figures-2Q2489 c0319070a1 .pdf


years to five years.2 The present term of three years is provided for under Republic Act No. 
9164 which was enacted on March 19, 2002. Thereafter, Republic Act No. 9340, enacted on 
September 22, 2005, amended RA 9164 thereby resetting the barangay elections from July 
15, 2002 to the last Monday of October 2007 and every three (3) years thereafter. Since 
2016, several measures were passed resetting the schedule of the grassroots elections; 
Republic Act Nos. 10923, 10952, 11462, and lastly 11935.3
The 3-year term period is a significant limitation on the part of barangay officials in 
the exercise of their functions. This limitation causes unfinished projects, incomplete 
programs, and delayed service delivery or assistance, to the detriment of their constituents. 
In addition, the shorter duration in the term of office results in shorter intervals in conducting 
barangay elections, causing greater expense in terms of budget for the National 
Government. The proposed measure aims to set a fixed term of office for barangay officials 
from the current three (3) years to five (5) years, in order to provide adequate time for the 
barangay officials to develop, complete, and implement their policies and projects for the 
benefit of the people. Also, this bill shall enable the National Government to better utilize the 
budget allocated for the barangay elections for other purposes that will redound to the 
people’s welfare and benefit.
In view of the foregoing, the immediate passage of the bill is earnestly sought.
FRAN
“TOL” N. TOLENTINO
2httDs://iur.Dh/law/summarv/increasina-the-term-of-office-of-brav-ofFicials-and-sanaaunianq-kabataan-me
mbers
2httPs://newsinfo. inauirer.net/1796538/baranaav-sk-officials-to-aet-shorter-terms-followinq-sc-rulina-on-qr
assroots-electians


NINETEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES }
Third Regular Session 
}
S. No.
SENATE
2800
of i:.''
24 AUG 21 P5:29
Introduced by SENATOR FRANCIS “TOL” N. TOLENTINO
AN ACT
FIXING THE TERM OF OFFICE OF BARANGAY OFFICIALS AND FOR OTHER
PURPOSES
1 
Whereas, Article X Section 1 of the 1987 Constitution provides that “The
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territorial and political subdivisions of the Republic of the Philippines are the provinces,
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cities, municipalities and barangays. There shall be autonomous regions in Muslim
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Mindanao and the Cordilleras as hereinafter provided. Section 2 of the same Article
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provides that these territorial and political subdivisions shall enjoy fiscal autonomy:
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Whereas, Section 8 of the same Article provides that “The term of office of
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elective local officials, except barangay officials, which shall be determined by law,
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shall be three years and no such official shall serve for more than three consecutive
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terms.”:
10 
Whereas, several measures were enacted to implement the said Constitutional
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mandate which fixed the term of barangay officials from 3 years under Sec 43 of
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Republic Act No. 7160 of the Local Government Code of 1991. This was changed to
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five years under Republic Act No. 8524 and later on amended back to three years
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under Republic Act No. 9164.
15 
Whereas, years after, several laws were enacted postponing the Barangay and
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SK elections for various reasons thereby extending the term of said barangay officials
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the last of which was Republic Act No. 11935 which was declared unconstitutional by
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the Supreme Court:
19 
Whereas, in the case of Macalintal vs COMELEC, G.R. No. 263590, June 27,
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2023, the Supreme Court through Justice Kho said:
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’’For these reasons, while the Court hereby declares RA 11935
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unconstitutional, it recognizes the legal practicality of proceeding with the


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holding of the BSKE on the last Monday of October 2023, as provided under 
RA 11935. Additionally, the sitting BSKE officials shall continue to hold office 
until their successors shall have been elected and qualified. But their term of 
office shall be deemed to have ended on December 31, 2022, consistent with 
the provision of RA 11462. Further, the succeeding synchronized BSKE 
election shall be held pursuant to the provisions of RA 11462, that is “on the 
first Monday of December 2025 and every three (3) years thereafter. Finally, 
the Congress is not precluded by these pronouncements from further amending 
the provisions of RA 9164, but the same shall be subject to the proper 
observance of the guidelines provided in the succeeding discussions.”
11 
Whereas, to avoid the recurrence of these postponements and to finally settle
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the issue, and to give real meaning to the exercise of the right to vote as protected
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and guaranteed by the Constitution which requires the holding of genuine periodic
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elections which must be held at intervals which are not unduly long, and which ensure
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that the authority of the government continues to be based on the free expression of
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the will of the electors, there is a need to fix the term of office of barangay officials in
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general; Now therefore
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SEC. 1. Term of Office. - The term of office of all elected barangay officials shall
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be five (5) years. No barangay elective official shall serve for more than two (2)
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consecutive terms in the same position. Voluntary renunciation of office for any length
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of time shall not be considered as an interruption in the continuity of service for the full
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term for which the elective official was elected.
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SEC. 2. Date of Election. - The next regular barangay elections shall be held
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on the Last Monday of October 2027 and every five (5) years thereafter.
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SEC. 3. Assumption of Office. The term of office of barangay officials elected
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subsequent to the effectivity of this Act shall commence at noon of November 30 next
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following their election.
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SEC. 4. All incumbent barangay officials shall remain in office unless sooner
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removed or suspended for cause until their successors shall have been elected and
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qualified.
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SEC. 5. Implementing Rules and Regulations. - The Commission on Elections
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(COMELEC) shall promulgate such rules and regulations necessary, within ninety (90)
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days, after the effectivity of this Act.
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SEC. 6. Separability Clause. - If any provision of this Act is held
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unconstitutional, other provisions not affected thereby shall remain valid and binding.


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SEC. 7. Repealing Clause. - All other laws, decrees, executive orders,
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issuances, rules and regulations, or part thereof inconsistent with this Act are hereby
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likewise repealed or amended accordingly.
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SEC. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after the
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completion of its publication in the Official Gazette or in at least two (2) national
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newspapers of general circulation
Approved,