a

10
uw

12
13
14
15
16

7
18
19
20

21
22
23
24

25
26

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL no 3907
Introduced by REP. EDGAR MARY S. SARMIENTO

EXPLANATORY NOTE

Barangays are at the forefront of public service. From dispute resolution to public service delivery,
barangays have a major impact on the lives of their constituents. In line with this, the Local
Government Code has vested barangays with executive and legislative functions to allow
barangays flexibility in managing their own affairs.

Experience, however, reveals that the legislative functions have rarely been effectively exercised by
barangays. Ordinances by the Sangguniang Barangay often are derivative of or rendered
redundant by acts of higher Sanggunians. Compliance with barangay ordinances is also rarely
enforced. Barangay councilors themselves often focus more on public service delivery rather than
legislation, as these have a more palpable impact on their constituents.

With the administration’s push towards rationalization of government, this bill proposes to reduce
the total number of regular number of barangay sangguniang members and restructure the
election system. Both barangay captains and barangay councilors shall be elected together to
ensure popular representation of the barangay.

Through this Act, barangays are allowed to focus more on public service delivery and ensures
greater coordination for the projects of the Barngay. Furthermore, this bill shall reduce the
unnecessary salaries being spent on barangay councilors and allow barangays to allocate more
resources to frontline services,

For the aforementioned reasons, the undersigned submits this bill for the consideration of this
august body.

EDGAR MARY S. SARMIENTO}
First District of SAmar

Page Lof4


a

wan

10

ny

12

13

14
15

16
17
18
19

20
21

22
23

24

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3907
Introduced by REP. EDGAR MARY S. SARMIENTO.

AN ACT REDUCING THE TOTAL NUMBER OF SANGGUNIANG BARANGAY MEMBERS
AND CONVERTING THE BARANGAY ELECTIONS TO A FIRST-PAST-THE-POST SYSTEM,
AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 7160 AND OTHER PERTINENT
LAWS

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. ~ This Act shall be known as the “Barangay Rationalization Act”
Section 2. Definition of Terms. — As used in this Act, the following terms shall mean:

(a) Barangay Captain - The Chief Barangay Executive, referred to as Punong Barangay in
Republic Act No. 7160 (hereafter “Local Government Code");

(b) Barangay Councilor ~ Regular elected member of the Sangguniang Barangay, as
distinguished from the Sangguniang Kabataan Chairman and other members of the
Sangguniang Barangay;

(©) Regular Barangay Official - Barangay Captain and Barangay Councilor

Section 3. Reduction of Barangay Councilors.
from seven (7) to three (3),

The number of barangay councilors shall be reduced

Section 4. Qualifications of Barangay Officials. ~ No individual may be elected as a Barangay Captain
or Barangay Councilor unless he is:

(a) an actual resident of the barangay;

(b) of legal age;

Page 2 of 4


i

ouae

u
12

13
14

16
7
18
19
20
21
2

23
24
25
26

q

28

(c) not a government employee; and
(d) a graduate of primary and secondary education.

Section 5. Terms of Barangay Officials ~ The Barangay Captain and Barangay Councilors shall serve
for a term of three (3) years. No individual may serve as a Regular Barangay Official for more than
three (3) consecutive terms. For the purpose of this Section, a term as a Barangay Captain and a
term as a Barangay Councilor shall be considered one and the same.

Section 6. Election of Barangay Officials. ~ All qualified residents of the barangay who intend to run
as a Regular Barangay Official shall submit their names to the Commission on Flections. On the
day of the election, each voter shall be allowed to vote for up to four (4) names in the list of
candidates for Regular Barangay Official. The candidate who receives the most number of votes in
the barangay election shall serve as Barangay Captain. The candidates with the second, third, and
fourth most votes shall serve as Barangay Councilors.

Section 7. Schedule of Burangay Elections. — The
concurrently with the elections for other local off

elections for barangay officials shall be held
‘als.

Section 8. Vacancies int the Barangay. —

(a) In the event that the Barangay Captain dies, resigns, is removed from office or is
otherwise incapacitated, the Barangay Councilor with the second-most number of votes to
that received by the removed or incapacitated Barangay Captain in the last barangay
election, as certified by the Commission on Elections, shall be appointed as Barangay
Captain and shall serve for the remaining portion of the term. The newly vacant Barangay
Councilor seat shall be filled in the manner provided in the immediately succeeding
subsection.

(b) In the event that a Barangay Councilor dies, resigns, is removed from office, or is
otherwise incapacitated, the Barangay Captain shall submit a list of not less than five (5)
nominees to the Sangguniang Panlungsod or Bayan within fifteen (15) days from the
vacancy. Within thirty (30) days, the Sanggunian Panlungsod or Bayan shall appoint from

this list a Barangay Councilor to serve for the remaining term.
(c) All nominees must meet the qualifications prescribed in Section 4 of this Act.

Section 9. Implementing Rules and Regulations. ~ The Commission on Elections and the Department
of Interior and Local Government shall formulate the necessary guidelines and promulgate the
rules and regulations implementing the provisions of this Act within ninety (90) days of this Act's
effectivity.

Section 10. Transitory provisions. ~ All incumbent Barangay Captains or Barangay Councilors at the

time of the effectivity of this Act shall be allowed to serve the remainder of their terms or until
their successors are elected, whichever comes first.

Page 3 0f 4


Section 11. Repealing Clause. ~ All laws, decrees, ordinances, rules or regulations or parts thereof
inconsistent or in conflict with the provisions of this Act are hereby expressly repealed, amended,
or modified accordingly.

Section 12. Separability Clause. ~ If for any reason any section or provision of this Act is declared to
be unconstitutional or invalid, the other sections or provisions hereof which are not affected

thereby shall continue to be in full force and effect.

Section 13. Effectivity. ~ This Act shall become effective fifteen (15) days after its publication in a
newspaper of general circulation.

Approved.

Page 4 of 4