BOOK III LOCAL GOVERNMENT UNITS

TITLE I THE BARANGAY

CHAPTER III The Punong Barangay

Section 389. Chief Executive: Powers, Duties, and Functions. -

(a) The punong barangay, as the chief executive of the barangay government,
shall exercise such powers and perform such duties and functions, as provided
by this Code and other laws.

(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) Enforce all laws and ordinances which are applicable within the
barangay;

(2) Negotiate, enter into, and sign contracts for and in behalf of the
barangay, upon authorization of the sangguniang barangay;

(3) Maintain public order in the barangay and, in pursuance thereof, assist
the city or municipal mayor and the sanggunian members in the
performance of their duties and functions;

(4) Call and preside over the sessions of the sangguniang barangay and
the barangay assembly, and vote only to break a tie;

(5) Upon approval by a majority of all the members of the sangguniang

barangay, appoint or replace the barangay treasurer, the barangay
secretary, and other appointive barangay officials;

(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 barangay development council, prepare the

annual executive and supplemental budgets of the barangay;

(8) Approve vouchers relating to the disbursement of barangay funds;

(9) Enforce laws and regulations relating to pollution control and protection
of the environment;

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 (10) Administer the operation of the katarungang pambarangay in
accordance with the provisions of this Code;

(11) Exercise general supervision over the activities of the sangguniang

kabataan;

(12) Ensure the delivery of basic services as mandated under Section 17

of this Code;

(13) Conduct an annual palarong barangay which shall feature traditional

sports and disciplines included in national and international games, in
coordination with the Department of Education, Culture and Sports;

(14) Promote the general welfare of the barangay; and

(15) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.

(b) In the performance of his peace and order functions. the punong barangay
shall be entitled to possess and carry the necessary firearm within his territorial
jurisdiction, subject to appropriate rules and regulations.

CHAPTER IV The Sangguniang Barangay

Section 390. Composition. - The sangguniang barangay, the legislative body of the
barangay, shall be composed of the punong barangay as presiding officer, and the
seven (7) regular sangguniang barangay members elected at large and sangguniang
kabataan chairman, as members.

Section 391. Powers, Duties, and Functions. -

(a) The sangguniang barangay, as the legislative body of the barangay, shall:

(1) Enact ordinances as may be necessary to discharge the

responsibilities conferred upon it by law or ordinance and to promote the
general welfare of the inhabitants therein;

(2) Enact tax revenue ordinances, subject to the limitations imposed in this
Code;

(3) Enact annual and supplemental budgets in accordance with the

provisions of this Code;

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(4) Provide for the construction and maintenance of barangay facilities and
other public works projects chargeable to the general fund of the barangay
or such other funds actually available for the purpose;

(5) Submit to the sangguniang panlungsod or sangguniang bayan such

suggestions or recommendations as it may see fit for the improvement of
the barangay or for the welfare of the inhabitants thereof;

(6) Assist in the establishment, organization, and promotion of cooperative

enterprises that will improve the economic condition and well-being of the
residents;

(7) Regulate the use of multi-purpose halls, multi-purpose pavements,

grain or copra dryers, patios and other post-harvest facilities, barangay
waterworks, barangay markets, parking areas or other similar facilities
constructed with government funds within the jurisdiction of the barangay
and charge reasonable fees for the use thereof;

(8) Solicit or accept monies, materials and voluntary labor for specific
public works and cooperative enterprises of the barangay from 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 municipal funds; and monies
from other private agencies and individuals: Provided, however, That
monies or properties donated by private agencies and individuals for
specific purposes shall accrue to the barangay as trust fund;

(9) Solicit or accept, in any or all the foregoing public works and
cooperative enterprises, such cooperation as is made available by
national, provincial, city, or municipal agencies established by law to
render financial, technical, and advisory assistance to barangays and to
barangay residents: Provided, however, That in soliciting or accepting
such cooperation, the sangguniang barangay need not pledge any sum of
money for expenditure in excess of amounts currently in the barangay
treasury or encumbered for other purposes;

(10) Provide compensation, reasonable allowances or per diems as well

as travel expenses for sangguniang barangay members and other
barangay officials, subject to the budgetary limitations prescribed under
Title Five, Book II of this Code: Provided, however, That no increase in the
compensation or honoraria of the sangguniang barangay members shall
take effect until after the expiration of the full term of all members of the
sangguniang barangay approving such increase;

(11) Hold fund-raising activities for barangay projects without the need of
securing permits from any national or local office or agency. The proceeds

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from such activities shall be tax-exempt and shall accrue to the general
fund of the barangay: Provided, That in the appropriation thereof, the
specific purpose for which such fund-raising activity has been held shall
be first satisfied: Provided, further, That no fund-raising activities shall be
held within a period of sixty (60) days immediately preceding and after a
national or local election, recall, referendum, or plebiscite: Provided,
finally, That said fund-raising activities shall comply with national policy
standards and regulations on morals, health, and safety of the persons
participating therein. The sangguniang barangay, through the punong
barangay, shall render a public accounting of the funds raised at the
completion of the project for which the fund-raising activity was
undertaken;

(12) Authorize the punong barangay to enter into contracts in behalf of the
barangay, subject to the provisions of this Code;

(13) Authorize the barangay treasurer to make direct purchases in an

amount not exceeding One thousand pesos (P1,000.00) at any one time
for the ordinary and essential administrative needs of the barangay;

(14) Prescribe fines in amounts not exceeding One thousand pesos

(P1,000.00) for violation of barangay ordinances;

(15) Provide for the administrative needs of the lupong tagapamayapa and
the pangkat ng tagapagkasundo;

(16) Provide for the organization of community brigades, barangay tanod,

or community service units as may be necessary;

(17) Organize regular lectures, programs, or fora on community problems

such as sanitation, nutrition, literacy, and drug abuse, and convene
assemblies to encourage citizen participation in government;

(18) Adopt measures to prevent and control the proliferation of squatters

and mendicants in the barangay;

(19) Provide for the proper 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;

(20) Adopt measures towards the prevention and eradication of drug

abuse, child abuse, and juvenile delinquency;

(21) Initiate the establishment of a barangay high school, whenever

feasible, in accordance with law;

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 (22) Provide for the establishment of a non-formal education center in the
barangay whenever feasible, in coordination with the Department of
Education, Culture and Sports;

(23) Provide for the delivery of basic services; and

(24) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.

Section 392. Other Duties of Sangguniang Barangay Members. - In addition to their

duties as members of the sangguniang barangay, sangguniang barangay members
may:

(a) Assist the punong barangay in the discharge of his duties and functions;

(b) Act as peace officers in the maintenance of public order and safety; and

(c) Perform such other duties and functions as the punong barangay may
delegate.

CHAPTER V Appointive Barangay Officials

Section 395. Barangay Treasurer: Appointment, Qualification, Powers and Duties. -

(a) The barangay treasurer shall be appointed by the punong barangay with the
concurrence of the majority of all the sangguniang barangay members. The
appointment of the barangay treasurer shall not be subject to attestation by the
Civil Service Commission.

(b) The barangay treasurer shall be of legal age, a qualified voter, and an actual
resident of the barangay concerned.

(c) No person shall be appointed barangay treasurer if he is a sangguniang

barangay member, a government employee, or a relative of the punong
barangay within the fourth civil degree of consanguinity or affinity.

(d) The barangay treasurer shall be bonded in accordance with existing laws in
an amount to be determined by the sangguniang barangay but not exceeding
Ten thousand pesos (P10,000.00), premiums for which shall be paid by the
barangay.

(e) The barangay treasurer shall:

(1) Keep custody of barangay funds and properties;

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(2) Collect and issue official receipts for taxes, fees, contributions, monies,
materials, and all other resources accruing to the barangay treasury and
deposit the same in the account of the barangay as provided under Title
Five, Book II of this Code;

(3) Disburse funds in accordance with the financial procedures provided in

this 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 provisions of Title Five, Book II
of this Code.

(5) Render a written accounting report of all barangay funds and property
under his 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) Plan and attend to the rural postal circuit within his jurisdiction; and

(8) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.

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