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Republic of the Whilrppnes
House of Representatives:
Queson City, sleteo Manila
Seventeenth Congress

First Regular Session

House Bill No.4 505

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

Section 389 of Republic Act No. 7160, also known as the ‘Local Government
Code of 1991’, provides for the powers, duties and functions of the Punong
Barangay. Among them is the power to appoint or replace the barangay treasurer,
barangay secretary and other appointive barangay officials, ‘provided the
appointment or replacement is concurred upon by a majority of all the members of
the sangguniang barangay. Unfortunately, this power is often used for political
purposes to the advantage of the appointing authority. The abuse is more
pronounced in cases of removal of the appointive officials for political
accommodation of favored replacements.

But the more disturbing concern is the failure of the law to provide
safeguards for the protection of concerned appointive barangay officials who may
be Subjected to capricious and whimsical dismissal from their posts, albeit the need
for approval by a majority of the members of the sangguniang barangay. As the law
presently stands, the removal of appointive barangay officials may be effected with
or without cause, and does not expressly require the observance of due process.

Section 1 of Article III of the Constitution provides that ‘no person shall be
deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of laws’. Protected property includes the right
to work and the right to earn a living.


In JMM Promotion and Management, Inc. v. Court of Appeals (GR No.
120095, 5 August 1996),""! the Court held that:

‘A profession, trade or calling is a property right within the meaning of
our constitutional guarantees. One cannot be deprived of the right to
work and the right to make a living because these rights are property
rights, the arbitrary and unwarranted deprivation of which normally
constitutes an actionable wrong.’

The prohibition against deprivation of property is not absolute and is qualified
by the phrase ‘without due process of law. Thus, the State may deprive persons of
property through the exercise of police power. However, the deprivation must be
done with due process. (Philippine Association of Service Exporters, Inc. v. Orilon, GR No.
L-81958, 30 June 1988.

This bill seeks to provide protection to appointive barangay officials who may
be subject of replacement or removal by the Punong Barangay, with the
concurrence of the majority of the members of the Sangguniang Barangay, under
Section 389 of RA 7160 by requiring that the removal or replacement of said
barangay officials shall be for cause and must be compliant with the requirements
of due process, such as but not limited to notice and hearing

Furthermore, Section 46, paragraph (a) of Republic Act 7160 provides that in
cases of temporary incapacity of the Punong Barangay to perform his duties for
physical or legal reasons, the highest sangguniang barangay member shall
automatically exercise the powers and functions of the Punong Barangay, except
the power to appoint, suspend, or dismiss employees which can only be exercised if
the period of temporary incapacity exceeds thirty (30) working days.

Correlating Section 46 to Section 389 of Republic Act No. 7160 as above-
discussed, once the 30-working day period has lapsed, the acting Punong Barangay
may now exercise the power to appoint or dismiss appointive barangay officials and
employees. This situation again presents an opportunity for abuse by the acting
Punong Barangay, and/or with a consenting majority of the Sangguniang Barangay,
to put in position people of his or their own for as long the incapacity of the
incumbent elected Punong Barangay exists. It can also spawn chaos in the
governance of the barangay when the elected Punong Barangay reassumes his
position and causes a rigodon of replacements and appointments of helpless
appointive officials all over again.

To prevent this politicization of the process of temporary succession on the
office of the Punong Barangay as outlined in Section 46 of RA 7160, as well as to


protect appointive barangay officials from the whimsical exercise of the power to
appoint and remove, this bill seeks to broaden the 30- working day period to ninety
(90) working days within which the acting Punong Barangay is prohibited from
exercising said power.

It should be noted that under Republic Act No. 6770, the Ombudsman may
impose upon an erring Punong Barangay a preventive suspension not exceeding six
(6) months or 180 calendar days. While the Revised Penal Code qualifies the
commission of the crime of serious physical injuries when the victim requires more
than 120 days of rest from his labor. Both instances could well be the legal or
physical cause of the elected Punong Barangay’s temporary incapacity. These
periods well exceed 30 working days.

Finally, to ensure the stability of the barangay leadership and its affairs,
barangay officials must be insulated from political loyalty and their objectivity and
impartiality in the discharge of their functions enhanced. (Occena vs. COMELEC, GR
1-60258, January 1984)

For the foregoing reasons, the immediate consideration and passage of this
bill is earnestly urged.

|. ACOP MNSA.
Reptesentative
2" District, Antipolo City


House
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Republic of the Whilippines
House of Representatives
Quezon City, Metro Manila
Seventeenth Congress

First Regular Session

House Bill No. 490 5

Introduced by HON. ROMEO M. ACOP

AN ACT
PROVIDING FOR PROTECTION TO APPOINTIVE BARANGAY
OFFICIALS AND EMPLOYEES IN CASES OF REMOVAL OR
REPLACEMENT, AMENDING FOR THE PURPOSE SECTION 46 AND 389
OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS ‘THE LOCAL
GOVERNMENT CODE OF 1991”

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

SECTION 1. Section 46, paragraph (a) of Book I, Title 2, Chapter 2 of
Republic Act No. 7160, otherwise known as the ‘Local Government Code of
1991’, is hereby amended to read as follows :

Section 46. Temporary Vacancy in the Office of the Local Chief Executive. -

(a) When the governor, city or municipal mayor, or punong barangay is
temporarily incapacitated to perform his duties for physical or legal
reasons such as, but not limited to, leave of absence, travel abroad,
and suspension from office, the vice-governor, city or municipal vice
mayor, or the highest ranking sangguniang barangay member shall
automatically exercise the powers and perform the duties and
functions of the local chief executive concerned, except the power to
appoint, suspend, or dismiss employees which can only be exercised if


the period of temporary incapacity exceeds [thirty-{30)] NINETY
(90) working days.

XXXX

SECTION 2. Section 389, paragraph (b)(5) of Book III, Title 1, Chapter 3
of Republic Act No. 7160, is hereby amended to read as follows :

Section 389. Chief Executive: Powers, Duties, and Functions. -
(a) xxxx

(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) xxxx
XXX

(5) Upon approval by a majority of all the members of the
sanaguniang barangay, appoint or replace the barangay
treasurer, the barangay secretary, and other appointive barangay
officials[;] PROVIDED, THAT THE REPLACEMENT OR
REMOVAL SHALL BE FOR CAUSE AND COMPLIANT WITH
THE REQUIREMENTS OF DUE PROCESS OF NOTICE AND
HEARING.

YOOX

SECTION 3. Separability Clause - Any portion or provision of this Act
which may be declared unconstitutional or invalid shall not affect the other
portions or provisions hereof.

SECTION 4. Repealing Clause - All other laws, ordinances, rules,
regulations and other issuances or parts thereof, which are inconsistent with
this Act, are hereby repealed or modified accordingly.

SECTION 5. Effectivity Clause - This Act shall effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspapers
of general circulation.

Approved.