Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
16® Congress

House Bill No. _ 8849

Introduced by: HON. OSCAR S. RODRIGUEZ

EXPLANATORY NOTE

This bill seeks to abolish the election of barangay officials; declaring all barangay
elective positions as appointive, amending for that purpose sections 39, 41, 42 and 43 of the
Republic Act 7160, otherwise known as the Local Government Code of 1991. The holding of
barangay elections became a highly political event, created alarming situations, marred by
violence, massive vote-buying, and divisiveness even among family members.

Omnibus Election Code provides that “ barangay election shall be non-partisan and shall
be conducted in an expedious and inexpensive manner.” However, contrary to what is happening
nowadays, barangay elections became highly political. It even crept into the family level creating
divisiveness among members of the same family who are fighting to be elected in the same
position.

Moreover, far from being inexpensive as mandated by the Election Code, it has become
costly as it can dissipate the resources of the candidates’ families for election campaign, instead
of using the same for their families’ needs. Sadly, the mounting expenses of election is not only
used for campaign alone but for massive vote-buying. What compounded the problem is that
once elected, not few barangay officials engage in corruptions in order to recover their so-called
“capital” or prepare for the next election, among other reasons.

This is the main reason why many barangay projects intended for the delivery of basic
social services were not implemented. Instead, a sizable amount of the barangay funds,
particularly Internal Revenue Allotment (IRA) are mainly utilized on allowances, salaries, bogus

projects and other questionable disbursements.


Another good reason for abolishing barangay elections is to remove one source of
political conflict. In this years’ barangay election alone, there were already alarming reports that
candidates were gunned down by unidentified assailants. The proverbial “guns, goons and gold”
oftentimes determines the outcome of the election.

Section 3, Article X of the 1987 Constitution provides, “The Congress shall enact a local
government code which shall provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective mechanism of recall,

initiative, and referendum, allocate among the different local government units, their powers,

responsibilities and resources, and provide for the qualifications, election, appointment and
removal, term, salaries, powers and functions, and duties of local officials, and all other matters
relating to the organization and operation of the local units.”

The above-stated constitutional provision provides for the power of the Congress to
amend the provisions of the Local Government Code in order to abolish barangay election and
declare all barangay positions as appointive positions. It must be emphasized that this bill seek to
abolish only the election of barangay officials and not the abolition of barangay as a local
government unit. The powers, responsibilities and resources of the barangay as provided in the
Code remain the same.

This bill proposes that the power of appointment of barangay officials should be given to
city or municipal mayors of the city or municipality to which the barangay is a component
barangay. Despite the increased power given to the barangays under the present Code, they
remain under the supervision of the Cities or Municipalities to which they are component
barangays as clearly stated in Section 32 of the said Code. In addition, Sections 329 to 334 of the
same Code mandates the submission to the City or Municipal Government the barangay annual
development plans and programs and budget proposal for approval. Likewise, Section 57
provides that barangay ordinances are required to be forwarded to the respective Sanggunian for
review.

Furthermore, Section 384 of the same Code provides, “Role of the barangay as the basic
political unit, the barangay serves as the primary planning and implementing unit of government,

policies, plans, programs, projects and activities in the community, and as a forum wherein the


collective views of the people may be expressed, crystallized and considered, and where disputes
may be amicably settled.”

‘As the primary planning and implementing unit, barangays act as conduit of the the Cities
or Municipalities in the delivery of basic services to their constituents. Barangay officials
similarly function as managers in a Corporation; proposing plans and programs and monitoring
that such will be properly implemented.

The appointment of barangay officials by the city or municipal mayors ensure harmony
among officials of the City and barangay. This will encourage the effective implementation of
programs and projects for the delivery of basic services. It is prevalent that when barangay
officials are identified with the political rival of the incumbent, barangay projects and programs
are not realized.

Lastly, even during the deliberation of the Local Government Code of 1991, there were

already a suggestion from the pricipal author, the former Senator Aquilino Pimentel that “the

barangay be recognized merely as socioeconomic not a political unit.

‘Therefore, in view of the foregoing, the approval of this bill is earnestly sought.

Vv

HON. OSCAR S.

IDRIGUEZ


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

16" Congress

House Bill»

3349

os

Introduced by: Hi RS. RODRIGUEZ

AN ACT

ABOLISHING THE ELECTION OF BARANGAY OFFICIALS, DECLARING

ALL ELECTIVE BARANGAY POSITIONS AS APPOINTIVE POSITIONS;
AMENDING FOR THAT PURPOSE SECTIONS 39, 40, 41, 42, AND 43 OF R.A.

7160 OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991

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

Congress assembled:

SECTION 1. Section 39, 40, 41, 42, and 43 of Republic Act 7160 are hereby
amended to read as follows:
“Section 39. Qualifications.

(a) An elective local official must be a citizen of the Philippines; a registered voter in the
barangay, municipality, city or province or, in the case of a member of the Sangguniang
Panlalawigan, Sangguniang Panlungsod or Sanggunian Bayan, the district where he intends to be
clected; a resident therein for at least one (1) year immediately preceding the day of the election;
and able to read and write Filipino or any other local language or dialect.

(b) Candidates for the position of governor, vice governor or member of the Sangguniang
Panlalawigan, or mayor, vice mayor or member of the Sangguniang Panlungsod of highly
urbanized cities must be at least twenty-three (23) years of age on election day.

(c) Candidates for the position of mayor or vice mayor of independent component
cities, component cities or municipalities must be at least twenty-three (23) years of age on

election day.


(4) Candidates for the position of member of the Sangguniang Panlulngsod or
Sangguniang Bayan must be at least eighteen (18) years of age on election day.

(e) Candidates for appointment to the position of punong barangay or member of the
Sangguniang Barangay must be at least eighteen (18) years of age on THE DATE OF
APPOINTMENT.

() Candidates for appointment to the Sangguniang Kabataan must be at least fifteen (15)
years of age but not less then eighteen (18) years of age on THE DATE OF APPOINTMENT.

PROVIDED THAT THE QUALIFICATIONS OF CANDIDATES FOR THE POSITION
OF BARANGAY OFFICIALS SHALL BE APPLICABLE UPON THEIR APPOINTMENT.

Section 40. Disqualifications. The following persons are disqualified from
running for any elective positions:

(a) Those sentenced by final judgment for an offense involving moral turpitude or for an
offense punishable by one (1) year or more of imprisonment, within two (2) years after serving
sentence;

(b) Those removed from office as a result of an administrative cas

(c) ‘Those convicted by final judgment for violating the oath of allegiance to the
Republie:

(a) Those with dual citizenship:

(e) Fugitives from justice in criminal or nonpolitical cases here or abroad;

(f) Permanent residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right after the effectivity of this Code:

(g) The insane or feebleminded

THE ABOVE-ENUMERATED DISQUALIFICATIONS SHALL BE APPLICABLE IN
‘THE APPOINTMENT OF BARANGAY OFFICIALS

Section 41. Manner of Election OR APPOINTMENT.

(a) The governor, vice governor, city mayor, city vice mayor, municipal mayor, AND
municipal vice mayor shall be elected at large in their respective units by the qualified voters

therein. PUNONG BARANGAY SHALL BE APPOINTED BY THE CITY OR MUNICIPAL


MAYOR OF THE CITY OR MUNICIPALITY TO WHICH THE BARANGAY IS A
COMPONENT BARANGAY.

(b) The regular members of the sangguniang panlalawigan, sangguniang panlungsod, and
sangguniang bayan shal be elected by district as follows:

First and second-class provinces shall have ten (10) regular members; third and fourth
class provinces, six (6); Provided, ‘That in provinces having more than five (5) legislative
districts, each district shall have two (2) sangguniang panlalawigan members, without prejudice
to the provisions of Section 2 of Repeublic Act No. 6637. SANGGUNIANG BARANGAY
MEMBERS SHALL BE APPOINTED BY THE CITY OR MUNICIPAL MAYOR OF THE
CITY OR MUNICIPALITY TO WHICH THE BARANGAY IS A COMPONENT
BARANGAY, AND SHALL BE COTERMINUS WITH THEIR TERM OF OFFICE. ‘the
Presidents of the league of Sangguniang members of component cities and municipalities shall

serve as ex officiomembers of the Sangguniang Panlungsod, Sangguniang Panglungsod and

Sangguniang Bayan (as amended by R.A. 85
(c) In addition thereto, there shall be one (1) sectoral representative from the women,
one (1) from the workers, and one (1) from any of the following sectors: urban poor, indigenous

cultural communities, disabled persons or any other sector as may be determined by the

sanggunian concem within ninety (90) days prior to the holding of the next local elections
may be provided for by law. The Comelec shall promulgate the rules and regulations to

effectively provide for the election of such sectoral representatives.

Section 42. Date of Election or Appointment. — Unless otherwise provided by law, the elections
for local officials shall be held every three (3) years on the second Monday of May. IN CASE OF
BARANGAY OFFICIALS, THEIR APPOINTMENT SHALL BE EFFECTIVE ON THE ASSUMPTION
OF OFFICE OF THE CITY OR MUNICIPAL MAYORS OF THE CITY OR MUNICIPALITY TO
WHICH THE BARANGAY IS A COMPONENT BARANGAY.

Section 43. Term of Office.

(a) The term of office of all local elective officials elected after the effectivity of this Code

shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law,



except APPOINTIVE barangay officials: Provided, That all local officials first elected during the local
elections immediately following the ratification of the 1987 Constitution shall serve until noon of June
30, 1992.

(b) No local elective official shall serve for more than three (3) consecutive terms in the
same position. Voluntary renunciation of the 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 concerned was

elected.

(c) The term of barangay officials WHOSE SHALL BE COTERMINUS WITH THE TERM OF

OFFICE OF OF THE CITY OR MUNICIPAL MAYOR OF THE CITY OR MUNICIPALITYTO.

WHICH SUCH BARANGAY IS A COMPONENT BARA

y>
SEC. 2. All laws, issuances, rules and regulations inconsistent with the provision

of this act is hereby amended, repealed or modified accordingly.

SEC. 3. This Act shall take effect fifteen (15) dar

s after its publication in at least

two (2) newspaper of national circulation,

Approved,