UNIT V LOCAL GOVERNMENT UNITS: THEIR NATURE AND ROLE; OFFICES AND OFFICIALS; AND POWERS AND DUTIES

Introduction
After completing the unit on the general powers and attributes of LGUs, you will now take up in this unit the nature, role, offices, officials, powers, duties and functions of LGUs. This unit is divided into four (4) lessons, namely: The Barangay: Its Nature and Role; Offices and Officials; and Powers, Duties and Functions (Lesson I); The Municipality: Its Nature and Role; Offices and Officials; and Powers, Duties and Functions (Lesson II); The City: Its Nature and Role; Offices and Officials; and Powers, Duties and Functions (Lesson III); and The Province: Its Nature and Role; Offices and Officials; and Powers, Duties and Functions (Lesson IV).

Objectives of the Unit Objectives the the Unit be able to: At the end of of unit, you should
Explain clearly the nature and role of LGUs; and Identify the offices and officials of LGUs and enumerate their powers, duties and functions.

Suggested Timeframe:

5 hours

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Lesson I. The Barangay: Its Nature and Role; Offices and Officials; and Powers and Duties Lesson I Objectives
At the end of this lesson, you should be able to: 1. Describe the nature and role of the barangay; and 2. Identify the offices of the barangay and the officials holding such offices as well as enumerate their powers and duties.

Nature and Role of the Barangay

The barangay is the basic political unit of the Philippines. It performs three roles: the barangay is the primary planning and implementing unit of government policies, plans, programs, and activities in the local community; it is a forum for the expression, crystallization, and consideration of the collective views of the people in the community; and it serves as instrument for the amicable (peaceful) settlement of disputes of members through the katarungang pambarangay (Sec. 384, Chapter I, Book III, LGC).

Barangay Offices and Officials

The chief or primary barangay officials are the punong barangay, seven (7) sangguniang barangay members, chairman of the sangguniang kabataan, a barangay secretary, and a barangay treasurer. In every barangay, there is also a lupong tagapamayapa. The sangguniang barangay may also form barangay or community brigades and create other positions and/or offices necessary to enable the barangay to carry out its purposes or objectives.

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The Punong Barangay (PB): Powers and Duties

The punong barangay is the chief executive of the barangay government. As such, the punong barangay is expected to endeavor to promote and undertake an efficient, effective, and economical governance of the barangay with the end in view of promoting the general welfare pursuant to the general welfare clause or provision of the Code. In order to promote the general welfare of the barangay and its people, the Punong Barangay is mandated to: Enforce all laws and ordinances which are applicable in the barangay; Negotiate, sign contracts for and in behalf of the barangay, upon the authorization of the barangay; Maintain public order in the barangay; Call and preside over the sessions of the sangguniang barangay and the barangay assembly; Appoint or replace the barangay treasurer, the barangay secretary, and other appointive barangay officials upon approval by the sangguniang barangay; Organize an emergency group for the maintenance of peace and order or on occasions of emergency or calamity within the barangay; Prepare the annual executive and supplemental budgets of the barangay in coordination with the barangay development council; Approve vouchers relating to the disbursement of barangay funds; Enforce laws relating to protection of the environment; and Promote the general welfare of the barangay.

The other power and duties of the Punong Barangay are: Administer the operation of the katarungang pambarangay as defined in the Code; Exercise general supervision over the activities of the

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sangguniang kabataan; Ensure the delivery of basic services; Conduct an annual palarong barangay which shall feature traditional sports and disciplines; and Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. The punong barangay is entitled to possess and carry the necessary firearm within the territorial jurisdiction of his barangay in performance of his peace and order functions. This privilege is subject to appropriate rules and regulations.

The Sangguniang Barangay (SB) : Its Nature and Duties

The sangguniang barangay is the legislative body of the barangay. It is composed of the punong barangay, seven (7) regular sangguniang bayan members elected at large, and the chair of the sangguniang kabataan as member. As the legislative arm of the barangay, the following are the powers, duties and functions of the SB: Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of its inhabitants; Enact tax and revenue ordinances, subject to the limitations imposed on its taxing powers by the Code; Enact annual and supplemental budgets in accordance with the provisions of the Code; The other powers and duties of the Sangguniang Barangay are:

Provide for the construction and maintenance of barangay facilities and other public works projects; Submit to the sangguniang panlungsod or sangguniang bayan such suggestions or recommendations as it may see fit and for the improvement of the barangay;

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Assist in the establishment, organization and promotion of cooperative enterprises that will improve the economic condition and well-being of the residents; and Regulate the use of multi-purpose hall pavements, post-harvest facilities; barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay; Authorize the punong barangay to enter into contracts in behalf of the barangay; Authorize the barangay treasurer to make direct purchases in an amount not exceeding one thousand pesos (P1,000.00); Prescribe fines for violation of barangay ordinances; Adopt measures (a) to prevent and control the proliferation of squatters and mendicants in the barangay, and (b) prevent and eradicate drug abuse, child abuse, and juvenile delinquency; Initiate the establishment of a barangay high school, whenever feasible; Provide for (a) the administrative needs of the lupong tagapamayapa and the pangkat ng tagapagsundo, (b) organization of community brigades, barangay tanod, or community service units, (c) lectures, programs, or for community problems such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government, (d) the development and welfare of children in the barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven (7) years of age, (e) establishment of a non-formal education center in the barangay whenever feasible in coordination with the Department of Education, Culture and Sports, and (f) for the delivery of basic services; and Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

The Sangguniang Barangay may also solicit or accept monies, materials and voluntary labor for specific public works and cooperatives enterprises of the barangay from the residents, land owners, producers and merchants in the barangay; monies from grants-in-aid, subsidies, contributions, and revenues made available to the barangays from national, provincial, city or

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municipal funds; and monies from other private agencies and individuals. The Code (Sec. 392) provides that in addition to their duties as members of the sangguniang barangay, they may: (1) assist the punong barangay in the discharge of his duties and functions; (2) act as peace officers in the maintenance of public order and functions; and (3) perform such other duties and functions as the punong barangay may delegate.

Benefits of Barangay Officials

All barangay officials including barangay tanods and members of the lupong tagapamayapa are entitled to receive honoraria, allowances, and other emoluments authorized by law or barangay, municipal or city ordinance. Such honoraria and/or allowances shall not be less than one thousand pesos (P1,000.00) per month for the PB and six hundred pesos (P600.00) per month for the SB members, barangay treasurer and barangay secretary. The PB, the SB members, the barangay treasurer, and the barangay secretary are also entitled to the following benefits and privileges: Christmas bonus of at least one thousand pesos (P1, 000.00) each. Funds for Christmas bonus will be taken from the barangays general fund or from national funds intended for the purpose; Insurance coverage which includes, but not limited to temporary and permanent disability, double indemnity, accident insurance, death and burial benefits in accordance with R.A. No. 6942; Medical care including subsistence, medicines, and medical attendance in any government hospital or institution. Hospital care includes surgery or surgical expenses, medicines, x-rays, laboratory fees, and other hospital expenses; Exemption from paying tuition and matriculation fees for their legitimate dependent children attending state colleges or universities; and Grant of civil service eligibility on the basis of the number of years of service to the barangay, pursuant to Civil Service rules and

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regulation on the matter. In connection with this, elective barangay officials are to be given preference in appointments to any government position or in any government-owned or controlled corporations, including their subsidiaries, after their tenure of office, subject to the requisite qualifications. Duly appointed barangay tanods, or their equivalent, numbering not more than 20 in each barangay, are likewise entitled to insurance or other benefits. The funds required for their insurance coverage or for other benefits will be charged against the barangay or the city or municipal government to which the barangay belongs.

Appointive Officials of the Barangay: Their Qualifications, Powers and Duties The Barangay Secretary (BS)
The barangay secretary is appointed by the PB with the concurrence or approval of the majority of all the sangguniang barangay members. Said appointment requires no attestation by the Civil Service Commission (CSC). No person may be appointed BS unless he is of legal age, a qualified voter, and an actual resident of the barangay where he will serve as secretary. A sangguniang bayan member, a government employee or a relative of the PB within the fourth civil degree of consanguinity (blood relationship) or affinity (relationship by marriage) may not be appointed barangay secretary. The powers, duties and functions of the barangay secretary are to: Keep custody of all records and minutes of the SB and the barangay assembly; Prepare the minutes of all meetings of the SB and the barangay assembly; Prepare a list of members of the barangay assembly, update the same and have it posted in conspicuous public places within the barangay; Assist the COMELEC in the preparation of necessary forms relative to the conduct/holding of political exercises in the barangay, e.g., elections, initiatives, referenda, plebiscites or recall elections;

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Lend assistance to the local civil registrar in the registration of birth, deaths, and marriages in the barangay; Keep an updated record of all residents/inhabitants of the barangay. The record shall contain/indicate the name, address, place and date of birth, sex, civil status, citizenship, and occupation of each inhabitant; Submit a report on the actual number of barangay residents to the sangguniang barangay; and Exercise other powers and perform other duties and functions as may be prescribed by law or required by ordinance.

The Barangay Treasurer (BT)

The barangay treasurer is appointed by the punong barangay with the consent of the majority of all the sangguniang bayan members. Like the barangay secretary, the appointment of the barangay treasurer does not require for its validity attestation by the CSC. No person may be appointed barangay treasurer unless he is of legal age, a qualified voter, and an actual resident of the barangay. A sangguniang bayan member, an employee of the government, or a relative of the punong barangay within the fourth civil degree of consanguinity or affinity may not be appointed barangay treasurer. The barangay treasurer is required to be bonded in an amount to be specified by the sangguniang barangay but it should not be more than ten thousand (P10,000.00). The premiums of the bond will be paid by the barangay from barangay funds. The BT has the following powers, duties and functions: Be the custodian of all barangay funds and properties; Collect taxes, fees, contributions, monies, materials, and all other resources accruing to the barangay treasury; deposit the same in the account of the barangay; and issue official receipts therefor; Disburse barangay funds in accordance with the financial plan of the barangay and procedures provided by the Code; Submit to the punong barangay a statement of actual and estimated incomes and expenditures for the preceding and ensuing calendar years, respectively;

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Render a written accounting report of all barangay funds and property under his custody at the end of each calendar year. He makes available the report to the members of the barangay assembly and other government agencies concerned; Certify the availability of barangay funds as may be necessary; Plan and attend to the postal rural circuit in the barangay; and Exercise such other powers and perform such other duties as may be prescribed by law or required by ordinance.

The Barangay Assembly

The barangay assembly is composed of all residents of the barangay of not less than six (6) months who are at least fifteen years old, citizens of the Republic of the Philippines, and duly registered in the list of BA members. The barangay assembly is to meet at least twice a year to listen to and discuss the semestral report of the SB about its activities and accomplishments, finances and problems affecting the barangay. Meetings of the barangay assembly may be called by the punong barangay or by four (4) members of the SB, or by written petition of at least five percent (5%) of members of the barangay assembly. The barangay assembly is empowered to: (a) initiate legislation by recommending to the SB measures that promote the welfare of the barangay; and (b) decide to adopt initiative as a legislative process.

The Katarungang Pambarangay

In each barangay, there is a lupong tagapamayapa or lupon in brief. The lupon is composed of: (a) the punong barangay as chair; and (b) ten (10) to twenty (20) members. The lupon is to be constituted every three (3) years. Any person residing or working in the barangay, who is not disqualified by law, may be appointed by the punong barangay to the lupon provided he possesses integrity, impartiality, independence of mind, sense of fairness, and reputation for probity.

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The functions of the lupon are to: Exercise supervision over the conciliation panels; Meet once a month to serve as forum for matters relevant to the amicable or peaceful settlement of disputes in the barangay; Enable conciliation of panel members to exchange their experiences, views and observations on how to effect speedy resolution of disputes; and Exercise other powers and perform other duties and functions as may be prescribed by law or ordinance.

The Sangguniang Kabataan (SK)

The Sangguniang Kabataan is the policymaking body and executive arm of the youth of the barangay. It is composed of a chair and seven members, a secretary, and a treasurer. On the other hand, the Katipunan ng mga Kabataan is the body that decides on important issues and matters affecting the youth of the barangay. The Katipunan ng mga Kabataan is composed of all Filipino citizens who have been residing in the barangay for not less than six months, who are fifteen years of age but not more than twenty-one years old, and who are registered in the SK list or in the official barangay list. The Sangguniang Kabataan meets at least once every three months or as often as the chair of the SK may call or upon written petition of at least onetwentieth of SK members. The Sangguniang Kabataan has the following powers and functions, to wit: Promulgate resolutions necessary and proper to carry out the objectives of the youth in the barangay. Start or initiate activities/projects/programs designed or aimed at enhancing the socio-cultural, politico-economic, intellectual, moral and spiritual, and physical development of its members. Undertake, hold, and sponsor fund-generating activities. Proceeds of the fund-raising activities are tax-free/exempt and are to accrue or to go to the general fund of the Sangguniang Kabataan. Funds generated from these activities shall first be appropriated and expended for the purposes for which they are intended.

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Create or constitute bodies or committees that are necessary to effectively carry out its activities, projects and programs. Prepare and submit reports (annual and end-of-term) to the SB on its activities, projects and programs. Work with all other youth organizations in the formulation of policies and implementation of projects in the barangay. Coordinate with the appropriate national government agencies, offices or organizations regarding the implementation of youth development projects and programs at the national level. Perform other duties and functions and exercise other powers. Elective officials of the Sangguniang Kabataan must possess the following qualifications: They must be citizens of the Philippines; Qualified voters of the Katipunan ng mga Kabataan; Residents of the barangay for at least one year immediately before the election; Fifteen years of age but not more than twenty-one years old on the day of their election; Able to read and write Filipino, English, or the local dialect; and Must not have been convicted of any crime involving moral turpitude.

The Sangguniang Kabataan chair and members have three-year terms. They may be removed sooner for cause as provided by law, permanent incapacity, death or resignation from office.

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Assessment Questions (AQ)

Fill in the blanks. Provide or supply the missing word or group of words in each of the spaces provided. After filling the blanks, tear/cut off this exercise and submit it to your tutor/instructor for evaluation. Be sure to affix your name and signature on your paper before detaching and submitting it to your tutor. 1. The ________________________ is the basic political unit of the Philippines. 2. The ________________________ is the chief executive of the barangay government. 3. The legislative arm of the barangay is the _________________________. 4. The ________________________ is the custodian of all records and minutes of the sangguniang barangay and barangay assembly. 5. The custodian of all barangay _________________________. funds and properties is the

6. The ________________________ is a body in the barangay composed of all residents of the barangay of not less than six months who are at least 15 years old, citizens of the Philippines, and duly registered as members. 7. The _________________________ is the conciliation body of the barangay. 8. The executive arm and policymaking body of the youth of the barangay is the _________________________________ . 9. The ______________________________ is the body that decides on important issues affecting the youth of the barangay. 10. The ________________________ of the SK is the chief executive officer of the youth of the barangay.

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Activity
Listed below commingled major and two categories (major left side of this piece are the officials of the barangay. In the list are secondary barangay officials. Classify them under these or secondary). Write the major barangay officials on the of paper and the secondary on the right.

Barangay Tanod Punong Barangay Barangay Treasurer Barangay Secretary Chairman of the Sangguniang Kabataan Sangguniang Barangay Member Members, Lupong Tagapamayapa Members, Barangay Brigades Major Barangay Officials Secondary Barangay Officials

After classifying the barangay officials into major and secondary categories, write your name and section on the upper portion of this sheet of paper, slash it and give it to your tutor/instructor for evaluation.

Summary
This unit treated the basic political entity of the Philippines the barangay. It also presented the offices and officials of the barangay and the powers, duties and functions of barangay bodies and officials.

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