Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

FTEENTH CONGRESS

Second Regular Session

HOUSE BILL.NO, __ 6072

Introduced by Representative Jerry P.

EXPLANATORY NOTE

This legislative measure aims to fix the term of elected barangay and
sangguniangkabataan officials to five (5) years, while limiting the service of barangay officials to
a maximum of two (2) consecutive terms.

The barangays exist as integral parts of local governance and society throughout the
archipelago. In fact, the barangays, as a cohesive and functioning socio-political structure, have
pre-dated the arrival of the Spaniards in the Philippine Islands.

‘The importance of the barangay system is highlighted by its recognition by no less than
the 1987 Philippine Constitution, which provides that: “The term of office of elective local
officials, except barangay officials, which shall be determined by law, shall be three years and
no such official shall serve for more than three consecutive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected.”*

As can be gleaned from a cursory reading of the above-quoted Constitutional provision,
the legislature is vested with the authority to determine the term of office of barangay officials,
in recognition of Congress’ wisdom to determine the appropriate term limit of such officials,
considering that the Representatives are in touch with the political and socio-economic realities
within their respective districts. As such, even the framers of the Constitution recognized the
need to trust the setting of term limits of barangay officials to lawmakers, In the Constitutional
Commission’s deliberation for the provision on barangay officials, it was explicitly clarified by a
Commissioner that the term of office of barangay officials shall be determined “as may be
provided for by law.”

In view of the mandate granted to Congress, six (6) barangay-related laws have been
enacted by Congress since 1987. The Local Government Code of the Philippines’ set the term of

'section8, Article 10, 1987 Philippine Constitution (emphasis supplied).
Vol. i pages 406-408 and 451, a cited in David vs. Cometec,G.R. No. 127216 (April 8, 1997}.
* Republic Act 7160 (October 10, 1991)



barangay and sangguniangkabataan officials to three (3) years, with barangay officials having a
three (3) consecutive term limit. Prior to the Local Government Code, Republic Act 6653* set the
term of barangay officials to five (5) years. Republic Act 8524° again reverted the term of
barangay and sangguniangkabataan officials to five (5) years. On March 19, 2002, Republic Act
9164° returned the term of barangay and sangguniangkabataan officials to three (3) years.

The power of Congress to determine both the term of office and the term limitations has
been affirmed by the Supreme Court when R.A. 9164 was questioned before the High Tribunal,
in the case of COMELEC vs. Conrado Cruz, et al.. The Supreme Court noted that “Congress has
plenary authority under the Constitution to determine by legislation not only the duration of the
term of barangay officials, but also the application to them of a consecutive term limit.”
Moreover, the High Tribunal observed the“textually demonstrable commitment by the 1987
Constitution to Congress of the authority to determine the term duration and limitation of
barangay officials under the Constitution.” ?

It is therefore evident that Congress repeatedly changed the term limit of barangay and
sangguniangkabataan officials in order to adjust to the ever-changing needs and political context
of the country’s barangays. In view of the current situation, it is wise to amend existing laws in
order to allow barangay and sangguinangkabataan officials to have a five (5) year term. By doing
so, the concerned officials will be able to continue their programs for their respective barangays
and constituents, without the hindrance of frequent and costly reelections, which occurs every
three years. A five-year term allows for continuity, and reduces political bickering at the
barangay level. It must be noted that the barangays must be insulated from the divisive and
debilitating effects of a partisan political campaign, as the Barangay Captain and the Barangay
Council also act as agencies for neutral community actions such as distribution of basic
necessities, conducting plebiscites and settling local disputes.*

In addition, this bill seeks to limit the service of elected barangay officials to two (2)
consecutive terms. By doing so, barangay officials will be prohibited from occupying their
positions for 15 years, since current laws allow barangay officials to serve for three (3)
consecutive terms. “

Considering the merits of this bill, the approval hereof is ~y

‘RA. 6653 AN ACT TO POSTPONE THE MAY 9, 1988 BARANGAY ELECTIONS TO THE SECOND MONDAY OF NOVEMBER THIS YEAR AND FOR
OTHER PURPOSES (May 6, 1988).

RA. 8524 AN ACT CHANGING THE TERM OF OFFICE OF BARANGAY OFFICIALS AND MEMBERS OF THE SANGGUNIANG KABATAAN FROM THREE
(3) VEARS TO FIVE (5) YEARS, AMENDING FOR THE PURPOSE SECTION 43 OF REPUBLIC ACT NUMBERED SEVEN THOUSAND ONE HUNDRED
SUCTY, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1994, AND FOR OTHER PURPOSES (February 14, 1998)

FRA 9164 AN ACT PROVIDING FOR SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS, AMENDING REPUBLIC ACT NO.
7160, AS AMENDED, OTHERWISE KNOWN AS THE “LOCAL GOVERNMENT CODE OF 3991", AND FOR OTHER PURPOSES (March 19, 2002)

{G.R. No. 186616 (November 20, 2003) (emphasis supplied).

*Occena vs. Comelec,G.R. No. |-60258 (lanuary 31, 1984)


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO.__ 6072

Introduced by Honorable Jerry P. Trefias

AN ACT SETTING THE TERM OF OFFICE OF ELECTED BARANGAY AND
SANGGUNIANG KABATAAN OFFICIALS, AMENDING SECTION 43 OF REPUBLIC
ACT NO. 7160 AND SECTIONS 1 AND 2 OF REPUBLIC ACT NO. 9164, AND FOR
OTHER PURPOSES.

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

Section 1. Section 43 (c) of Republic Act No. 7160, otherwise known as the Local Government
Code of the Philippines, is hereby amended as follows:

Section 43. Term of Office. -

(©) The term of office of barangay officials and nfembers of the

sangguniang kabataan shall be for [three-3)] five (5) years |,
which-shall begin-afler-the regular electi jal.

}. No barangay elective official
shall serve for more than two (2) consecutive terms in the same
position: Provided, that voluntary renunciation of office for
any length of time shall not be considered as an interruption in
the continuity of service for the full term for which the elective
official was elected.

Section 2. Section 429 of Republic Act No. 7160, otherwise known as the Local Government
Code of the Philippines, is hereby amended as follows:


Section 429. Term of Office. - The sangguniang kabataan
chairman and members shall hold office for a period of [three
3)] five (5) years, unless sooner removed for cause as provided
by law, permanently incapacitated, die or resign from office.

Section 3. Sections 1 of Republic Act No. 9164, An Act Providing for Synchronized Barangay
and Sangguniang Kabataan Elections, Amending Republic Aci No. 7160, as Amended,
Otherwise known as the “Local Government Code of 1991”, and for other purposes, is hereby
amended as follows:

Section 1. Date of Election. — [Fhere—shalli—be—synehronized

Qctober—and—every—three-3)years_thereafter.] Synchronized
barangay and sangguniang kabataan elections shall be held on
the last Monday of October every five (5) years from the
preceding barangay and sangguniang kabataan elections.

Section 4. Section 2 of Republic Act No. 9164, An Act Providing for Synchronized Barangay
and Sangguniang Kabataan Elections, Amending Republic Act No. 7160, as Amended,
Otherwise known as the “Local Government Code of 1991”, and for other purposes, is hereby
amended as follows:

Section 2. Term of Office. “The term of office of all barangay
and sangguniang kabataan officials [after-the-effectivity-of this,
Act] shalll be [three-@)] five (5) years.

No barangay elective official shall serve for more than |three
(3)] two (2) consecutive terms in the same position: [Provided
however, That the-term-of

-] Provided, that voluntary renunciation of
office for any length of time shall not be considered as an
interruption in the continuity of service for the full term for
which the elective official was elected.

Section 5: Applicability. — The term of office for barangay and sanggunaing kabataan officials
prescribed under this Act shall be applicable to all elected barangay and sangguinang kabataan
officials on the next barangay and sangguniang kabataan elections immediately succeeding the
date of effectivity of this Act. The two (2) consecutive term limit shall likewise be effective from
the barangay and sangguniang kabataan elections immediately succeeding this Act’s date of
effectivity.

The synchronized barangay and sangguniang kabataan elections to be held on the last Monday of
October every five (5) years stated in Section 3 of this Act, which arhends Section 1 of Republic


Act 9164, shall be reckoned from the barangay and sangguniang kabataan elections immediately
succeeding the date of effecitivity of this Act.

Section 6. The Commission on Elections shall promulgate the implementing rules and
regulations necessary to implement this Act.

Section 7. Separability Clause. - \f, for any reason, any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions hereof shall not be affected and
thereby remain in full force and effect.

Section 8. Repealing Clause. — All laws, decrees, executive orders, and rules and regulations, or
parts thereof, inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.

Section 9. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.

Approved,