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BARANGAY NEWLY

ELECTED OFFICIALS
(BNEO) TRAINING
July 23-25, 2018
Cagwait, Surigao del Sur
BARANGAY
GOVERNANCE AND
ADMINISTRATION
Topic Outline
• Structure and Organization of the Barangay
• Powers and Services Performed by the
Barangay
• Roles, Functions and Responsibilities of
Barangay Officials
• Benefits/Privileges of Barangay Officials
BARANGAY
ROLE (Sec384)
Primary
Planning & Forum
Implementing
Unit

Disputes may
Smallest be amicably
Political Unit BARANGAY settled
REQUISITES / MUN CITY PROV
LIMITATIONS BRGY
Income (Ave - last 2.5M 100M (RA9009 20M
2 consec. Yrs – (Sec442) amending Sec450) (Sec461)
1991 const. prices) / 50M-HUC

Population (NSO) 2K / 5K 25K 150K 250K

Land 50 sq km 100 sq km 2K sqkm

Act ofCongress Act of


Manner or Act of Act ofCongress Act ofCongress Congress
(NB: ICC-Lawonly) SPn/SPd(S385) (S441) (S449) (S460)

Plebiscite Majority ofthe Majority ofthe Majority of Majority ofthe


Votes Cast Votes Cast the Votes Votes Cast
Cast
NB:
Creation shall not reduce the
POPULATION (Barangay);
LAND AREA, POPULATION&
INCOME (M/C/P)
of the original LGU to less than the
minimum requirement/s prescribedby
the LGC1991
Punong Barangay
7Sangguniang BarangayMembers
SKChairman
Barangay Secretary;and
BarangayTreasurer
Offices/Administrative Bodies:
 LupongTagapamayapa
 Community Brigades
Barangay Barangay Disaster Barangay
Barangay Barangay
Peace and & Risk Reduction Anti-Drug
Development Nutrition
Order Management Abuse
Council Committee
Committee Council Committee

Barangay Solid Barangay Barangay Physical


Barangay
Waste Council for the Fitness & Sports
Human Rights
Management Protection of Development
Action Officer
Committee Children Council
TANOD

General Barangay Organizational Structure


Powers of the
Barangay
• To have continuous succession in its
corporate name
• To sue and be sued
Corporate • To have and use a corporate seal
• To acquire & convey properties
• To enter into contract

• Police Power
Governmental • Taxation
• Eminent Domain
Barangay Basic Services
& Facilities
Agricultural Support Services

Health and Social Welfare Services

Services and facilities related to general hygiene and sanitation,


beautification, and solid waste collection;

Administration and Maintenance of Katarungang Pambarangay

Maintenance of Barangay Roads, Bridges & Irrigation Systems

Infrastructure Facilities

Information & Reading Center

Satellite Public Market


Powers, Duties and Functions of
Barangay Officials

ACTIVITY NO. 1
Mahimo nimong isulat ang duha (2) ka gahum,
katungdanan ug kaakuhan sa imong posisyon
sigun sa nahisulat sa Local Government Code of
1991. (3 minutes)
Persons InAuthority
PB; SB Members; and LTMembers
(Pp v. SION, 277 SCRA 127,8/11/97)

Agent ofPIA
Those designated by law or ordinance
and charged with the maintenance of
public order, protection and security of
life and property, or the maintenance of
a desirable and balanced environment;
and any barangay member who comes
to the aid of PIA
POWERS OF PUNONG BARANGAY
(Sec 389)
1. Enforce all laws andordinances

2. Negotiate, enter into, and sign contracts for


and in behalf of the barangay, upon authorization
of the Sang. Brgy

3. Maintain public order in the barangay and, in


pursuance thereof, assist the mayor and the sang.
members in the performance of their duties and
functions
4. Call and preside over the sessions of the SB
and the brgy assembly, and vote only to
break atie;

5. Upon approval by a majority of all the


members of the SB, appoint or replace the
brgy treasurer, the barangay secretary, and
other appointivebarangay officials;
ALQUIZOLA SR. V.OCOL
313 SCRA 273,08/27/99

The power of appointment is to be exercised


CONJOINTLY by the PB and a majority of all
the members of the SB. Without such
conjoint action, neither an appointment nor a
replacement can beeffectual.
6. Organize and lead an emergency group
whenever the same may be necessary for
the maintenance of peace and order or on
occasions of emergency or calamity within
the barangay;

7. In coordination with the brgy devt council


prepare the annual executive and
supplemental budgets of the brgy;
8. Approve vouchers relating to the disbursement
of barangayfunds;
9. Enforce laws and regulations relating to pollution
control and protection of the environment;
10.Administer the operation of the KP;
11. Exercise general supervision over the activities
of theSK;
12. Ensure the delivery of basic services
as mandated under Sec 17of LGC
13. Conduct an annual palarong barangay which
shall feature traditionalsports;
14. Promote the general welfare of the
barangay;
15. Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
16. In the performance of his peace and order
functions, the PB shall be entitled to
possess and carry the necessary firearm
within his territorial jurisdiction, subject
to appropriate rules and regulations.
The legal authority of the Punong Barangay (by virtue of his
position) to carry his firearm outside his residence was not
based on the IRR or the guidelines of PD 1866 as amended by RA
8294 but, rather, was rooted in the authority given to him by
Local Government Code (Section 389 [b]).

The authority of PB to possess the necessary firearm


within their territorial jurisdiction is necessary to enforce
their duty to maintain peace and order within the
barangays. xxx [L]ike police officers, PBs have a duty as a
peace officer that must be discharged 24 hours a day. As a
peace officer, a PBmay be called by his
constituents, at any time, to assist in
maintaining peace and security of his
barangay. As long as the PB is within his
barangay, he cannot be separated from his duty
as a PB – to maintain peace and order.
Barangays can purchase service firearms to be
charged against their respective funds.

Barangays enjoy fiscal autonomy which includes


the power to allocate funds for such purpose
which is necessary, appropriate or incidental for
its efficient and effective governance and
essential to the promotion of the general
welfare.
Punong Barangays are allowed to engage in
the practice of their profession or in any
occupation but subject to the authority
granted by the Secretary of DILG.
POWERS OF SANGGUNIANG
BARANGAY (SB) MEMBERS
(Sec 391 - 392)
1. Exercise legislative functionssuch as:
Propose measures for deliberation and adoption of
Sangguniang Barangay;
Participate in meetings of the committees;
Participate in the discussions of any business during
sessions; and
Vote for the approval or disapproval of proposed
ordinances and resolutions.
2.Assist the Punong Barangay in the discharge
of hisduties;
3.Act as Peace Officer in the maintenance of
public order;and
4.Perform such other duties and functions as
the PB maydelegate.
APPOINTIVE BARANGAY OFFICIALS
(Sec 394 -396)
- Secretary
Mandatory positions
- Treasurer

- Other officials
DUTIES OF BARANGAY SECRETARY

1. Keep custody of all records of the SB and the


barangay assembly;
2. Prepare and keep the minutes of all meetings of
the SB and the barangay assembly;
3. Prepare a list of members of the barangay
assembly, and have the same posted in
conspicuous places withinthe barangay;
4. Assist in the preparation of all necessary forms
for the conduct of barangay registration,
elections, initiatives, referenda or plebiscites in
coordination with the COMELEC;
5. Assist the municipal civil registrar in the registration of
births, deaths andmarriages;
6. Keeps an updated record of all inhabitants of the barangay
containing the following items of information, name,
address, place and date of birth, sex, civil status,
citizenship, occupation and such other items of
information as may be prescribed by law or ordinance;
7. Submit a report on the actual number of barangay
residents as often as may be required by the SB; and
8. Exercise such other powers and perform such other duties
and functions as may be prescribed by law or ordinance.
DUTIES OF BARANGAY TREASURER
1. Keep custody of barangay funds and properties;
2. Collect and issue official receipts for taxes, fees,
contributions, monies, and all other resources
accruing to the barangay treasury and deposit the
same in the account of the barangay as provided
underTitle Five, Book II of the LGC;
3. Disburse funds in accordance with the financial
procedures provided in the Code;
4. Submit to the Punong Barangay a statement covering
the actual and estimates of income and expenditures
for the preceding and ensuing calendar years,
respectively, subject to the provision of Title Five,
Book II of the code;
5. Render a written accounting report of all
barangay funds and property under the
custody at the end of each calendar year, and
ensure that such report shall be made
available to the members of the barangay
assembly and other government agencies
concerned;
6. Certify as to the availability of funds
whenever necessary;
7. Post the itemized monthly collections and
disbursement of the barangay with in (10) days
following the end of every month and for at
least two (2) consecutives weeks at Prominent
Places in the main office building of the
barangay, plaza, main street. (Sec. 513, LGC);
and
8. Exercise such other powers and perform such
other duties and functions as may be prescribed
by law andordinance.
QUALIFICATIONS(Sec 394 -396)
Legal age, qualified voter, actual resident of
the barangay, not a Sangguniang Brgy
member, not a government employee or
relative of the Punong Barangay within the
4th civil degree of consanguinity or affinity
with concurrence of the majority of all the
Sangguniang Barangaymembers.
Relatives of the Punong Barangay within the
fourth civil degree of consanguinity or
affinity:

Parents up to great grandparents, children


down to great grandchildren, brothers,
sisters, uncles, aunties, first cousins, and
relatives by his spouse by the same degree.
4th civil degree of consanguinity or
affinity:
CommonAncestor

1 2
2 3

Brothers

1 4

-- 1st Cousin-
Does the appointment of Barangay
Secretary/Treasurer need attestation
by the CSC)?

NO. Because it is the Sangguniang Barangay that


determines the qualifications and
disqualifications of the appointees.
BENEFITS and PRIVILEGES of
BARANGAY OFFICIALS
(Sec 393):
1. Honoraria, allowances and
other emoluments;

2. The PB, the Sangguniang Barangay


members, the barangay treasurer and the
barangay secretary shall also:

a. Be entitled to Christmas bonus at


least P1,000.00
DILG Opinion No. 16-2007; 54-2009;2-2010;
and 23-2012

 Failure to render actual services due to


unauthorized absences
 Name of absentee kagawad cannot be dropped
or removed from the payroll as this would
constitute removal from office without due
process
 unauthorized transfer of venue and time of
regular session
b. Insurance coverage;
RA 6942 implementation was suspended by GSIS
due to the failure of the DBM to pay for the insurance premium of the
BarangayOfficials.

EO 115, as a stop gap measure, was issued to provide


death benefit claims for the BOs.

Punong Barangay: P22,000.00


SB Members, Brgy Secretary
and BrgyTreasurer: P12,000.00
c. Free medical care inany government
hospital orinstitution;
NB: In case of extreme urgency where there is no
available govt hospital, the barangay official
concerned may submit himself for immediate
medical attendance to the nearest private clinic
or hospital and the expenses not exceeding
5,000 that may be incurred therein shall be
chargeable against the funds of the brgy
concerned
d.Exempted from paying tuition and
matriculation fees for their
legitimate dependent children;and

e. Civil service eligibility


3. Preference in appointments to any
govt position (only elected);
4. Brgy tanod members which shall
number not more than 20 in each brgy,
shall be granted insurance or other
benefits during their incumbency,
chargeable to the brgy or the city or
municipal govt to which the brgy
belongs
• DILG MC No. 2002-104
• Sec 393 (d) - relate to Sec 387 (b)
• CONCLUSION:
• Not more than 20 BTs may be hired and
to be provided with insurance benefits
w/o need of creating the position since it
is the law itself that created the same
and provided for its availment of
insurance benefits (Sec393 [d])
• Should there a need to augment the
existing number of BTs in excess of the
20, the SB per Sec 387 (b) and thru an
ordinance can validly create the
additional BT positions together with
the corresponding amount of
compensation, insurance benefits and
other allowances subject however to
55% PSLimitations (Sec 387 [b])
LEAVE PRIVILEGES
(Sec 81):
Elective officials shall enjoy the same leave
privileges as those enjoyed by appointive
officials including the cumulation and
commutation thereof.
Punong Barangay – shall be approved by the Mayor

Sangguniang Barangay – shall be approved by the Punong Brgy

NB: If the application for leave of absence was not acted upon
within five (5) working days after receipt of the approving
authority, it shall be deemed approved (Sec 47 [4] [b])
How are leave benefits of barangay
officials monetized?
• The cumulation of leave credits shall be based
on the actual attendance to regular sessions.

• 2 sessions x 12 x 1.25/session = 30 days

• Leave credits shall be cumulated up to one


year only and shall be commuted yearly.
Funding Source and
Mode of Payment
• chargeable to PS Allocation and be given
priority, being a statutory obligation.

• -paid within the 1st quarter of the succeeding


fiscal year
Can barangay officials avail of
terminal leave benefits?
• Answer: NO, they are not entitled upon the
effectivity of the Joint DBM-CSC
Memorandum Circular dated April 14, 2004.
PRIVILEGES OF SK CHAIRMAN
The SK chairman shall have the same
privileges enjoyed by other SB officials

The SK Officials, during their incumbency,


shall be exempt from payment of tuition and
matriculation fees while enrolled in public
tertiary school, including state colleges and
universities.
PANGUTANA?
• Andam na ba mo sa inyung katungdanan or
responsibilidad?

If OO, palihug iandam inyu ballpen og ato


anseran ang mga pangutana.
QUIZ no. 1
salaMUCH.

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