Resignation of Elective Barangay Officials

Resignation is defined as the act of giving up or the act of an officer by which he declines his office and renounces the further right to use it. To constitute a complete and operative act of resignation, the officer or employee mush show a clear intention to relinquish or surrender his position accompanied by the act of relinquishment. Resignation implies an expression of the incumbent in some form, express or implied, of the intention to surrender, renounce and relinquish the office, and its acceptance by competent and lawful authority. Resignation of elective barangay officials shall be deemed effective upon acceptance by the city of municipal mayor concerned. Copies of the resignation letters of elective local officials, together with the action taken by the aforesaid authorities shall be furnished the Department of the nterior and !ocal "overnment #D !"$. The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen working days from receipt thereof. rrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records. This provision does not apply to sanggunian members who are sub%ect to recall elections or to cases where existing laws prescribe the manner of acting upon suchresignations.

Permission to Leave of Absence

!eave of absence of a &unong 'arangay shall be approved by the city or municipal mayor, while leave of absence of sangguniang barangay members shall be approved by the &unong 'arangay. (henever the application for leave of absence is not acted upon within five #)$ working days after receipt thereof, the application for leave of absence shall be deemed approved. 'arangay appointed officials going on official travel shall apply and secure written permission from their respective &unong 'arangays before departure. The application shall specify the reasons for such travel, and the permission shall be given or withheld based on considerations of public interest, financial capability of the local government unit concerned and urgency of the travel. *hould the &unong 'arangay concerned fail to act upon such application within four #+$ working days from receipt thereof, it shall be deemed approved. 'arangay officials traveling abroad shall notify their respective *anggunian. (hen the period of travel extends to more than three months, during periods of emergency or crisis or

when the travel involves the use of &ublic funds, permission from the ,ffice of the &resident shall be secured

Duties and Functions of Barangay Treasurer

The 'arangay Treasurer shall.. /eep custody of barangay funds and properties.

0. Collect and issue official receipts ofr 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 1ive 'ook of the local "overnment Code2 3. Disburse funds in accordance with the financial procedures provided in the !ocal "overnment Code2 +. *ubmit to the &unong 'arangay a statement covering the actual and estimates of income and expenditures for the preceding and ensuing calendar years, respectively, sub%ect to the provisions of Title 1ive, 'ook of the !ocal "overnment code2 ). Render 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 concerned2 4. 5. Certify as to the availability of funds whenever necessary2 &lan and attend to the rural postal circuit within his %urisdiction2 and

6. 7xercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

9. Qualification of the Barangay Treasurer

.8. The 'arangay Treasurer shall be appointed by the &unong 'arangay with the concurrence of the ma%ority of all the sangguniang barangay members. The appointment of the 'arangay Treasurer shall not be sub%ect to attestation by the Civil *ervice Commission. The 'arangay Treasurer shall be of legal age, a qualified voter, and an actual resident of the barangay concerned 9o person shall be appointed 'arangay Treasurer if he is a sangguniag barangaymember, a government employee, or a relative of the &unong 'arangay within the fourth civil degree of consanguinity or affinity.

... .0. .3. .+.

.).

.4.

The 'arangay 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 #.8,888.88$, premium for which shall be paid by the barangay.

17.

How to fill permanent Vacancy in the Barangay

.6. Permanent vacancy by Punong Barangay. f a permanent vacancy occurs in the office of the &unong 'arangay, the highest ranking sanggunian barangay member or in case of his permanent inability, the second highest ranking sanggunian member, shall become the &unong 'arangay. .:. 08. Permanent vacancy in the Sanggunian. The city or municipal mayor fills the vacancy inthe *angguniang 'arangay upon recommendation of the *angguniang 'arangayconcerned.

21.

Meaning of Permanent Vacancy

00. ; permanent vacancy in an elective position exists when an elective official03. 0+. .. 1ills a higher vacant office2 0). 04. 0. Refuses to assume office2 05. 06. 3. 1ails to qualify2 0:. 38. +. Dies or is removed from office2 and 3.. 30. ). <oluntarily resigns or assumed another office whether by appointment, election or succession, or otherwise is permanently incapacitated to discharge the functions of his office.

33.
3+.

Postponement or Failure of Election

(hen, for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force ma%eure, and other analogous causes of such nature that the holding of a free, orderly and honest election should become impossible in anybarangay, the Commission on 7lections can postpone the election for such time as it may deem necessary.

Prohibitions During Barangay Election

Certain activities are prohibited during the barangay election period. The following are some of them-

.. &ublic works = The construction or maintenance of provincial, city, municipal andbarangay=funded roads and bridges are prohibited for a period of ten days immediately preceding the date of the barangay election. #*ec. R.;. 445:$. 0. ntoxicating !iquors = t is unlawful to sell, furnish, offer or take intoxicating liquors on the day of registration, on the day immediately preceding the election day and on election day, until the counting of votes shall have been finished. 3. *elling of merchandise = t is unlawful to open in any polling place or within a radius of 38 meters thereof, on the day of registration, on election day and during the counting of votes, booths or stalls of any kind for the sale, dispension or display of wares, merchandise or refreshments, whether solid or liquid, or for any other purpose. +. "ambling and *ports = t is unlawful to hold on the day of registration and on election day, cockfights, boxing, horse races, or any other similar sport. ). >nlawful 7lectioneering = t is unlawful to solicit votes or undertake any propaganda on the day of registration and on the day of election, for or against any candidate within the polling place and within a radius of 38 meters thereof. 4. Deadly weapons = t is unlawful to carry deadly weapons in the polling place and within a radius of .88 meters thereof during the day and hours of registration, voting and canvass. n cases of affray, tumult or disorder, any peace of public officer authori?ed to supervise the election may carry firearms or any other weapons for the purpose of preserving and enforcing the law.

7. Voluntary Renunciation of Office

6. 9o local elective official shall serve for more than three #3$ consecutive terms in the same position. <oluntary 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.

Disqualifications of Elective Barangay Officials

The following persons are disqualified from running for any elective local position-

.. Those sentenced by final %udgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment, within two years later after serving sentence2 0. Those removed from office as a result of an administrative case2 3. Those convicted by final %udgment for violating the oath of allegiance to the Republic2 +. Those with dual citi?enship2

).

1ugitives from %ustice in criminal or non=political cases here or abroad2

4. &ermanent 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 !ocal "overnment Code. 5. Those insane or feeble=minded.

Qualification of Elective Barangay Officials

.. ;n elective barangay official must be a citi?en of the &hilippines2 a registered voter in the barangay where he@she intends to be elected2 a resident therein for at least one year immediately preceding the day of the election2 and able to read and write 1ilipino or any other local language or dialect. 0. Candidates for the position of &unong 'arangay or member of the *angguniang 'arangay must be at least eighteen years of age on election day. 3. Candidates for the sangguniang kabataan must be at least fiteen #.)$ years of age but not more than twenty=one #0.$ years of age on election day.

Duties and Functions of Barangay Secretary

The 'arangay *ecretary shall-

.. /eep custody of all records of the sangguniang barangay and the barangay assembly meetings2 0. &repare and keep the minutes of all meetings of the sangguniang barangay and the barangay assembly2 3. &repare a list of members of the barangay assembly, and have the same posted in conspicuous places within the barangay2 +. ;ssist in the preparation of all necessary forms for the conduct of barangay elections, initiative, referenda or plebiscites, in coordination with the Comelec2 ). ;ssist the municipal civil registrar in the registration of birth, deaths, and marriages2 4. /eep 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, citi?enship, occupation, and such other items of information as may be prescribed y law or ordinances2 5. *ubmit a report on the actual number of barangay residents as often as may be required by the sangguniang barangay2 and 6. 7xercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Qualification of a Barangay Secretary

.. The 'arangay *ecretary shall be appointed by the &unong 'arangay with the concurrence of the ma%ority of all the sangguniang barangay members. The appointment of the 'arangay *ecretary shall not be sub%ect to attestation by the Civil *ervice Commission. 0. The 'arangay *ecretary shall be of legal age, a qualified voter and an actual resident of the barangay concerned. 3. 9o person shall be appointed 'arangay *ecretary if he is a sangguniang barangay member, a government employee, or a relative of the &unong 'arangay within the fourth civil degree of consanguinity or affinity.

4. Model Resolution Adopting The Rules of Procedure of a Sangguniang Barangay

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(A7R7;*, &ursuant to *ection 3:8 of the !ocal "overnment Code, the *angguniang 'arangay shall be the legislative body of the barangay and shall be composed of the &unong 'arangay as presiding officer, and the seven sangguniang barangay members and the chairman of the sangguniang kabataan as members9,( TA7R71,R7, be it Resolved, that, in order to achieve a maximum degree of efficiency during the deliberations of the *angguniang 'arangay, the following rules of procedure as mandated by *ection )8, of the !ocal "overnment Code, are hereby adopted-

Rule I. Officers: Powers and Duties

*7C. .. ,11 C7R*, = The following shall be the officers of the *angguniang 'arangay. ;. &unong 'arangay = Ae shall preside at the meeting of the *angguniang 'arangay. .. &owers and Duties= the powers and duties of the &residing ,fficer, in addition to those already vested upon him by law, shall be as followsa. To preside over the session of the *angguniang 'arangay. b. To decide all points of order. c. To preserve order and decorum during the session. d. To announce the business in the order in which it is to be acted upon by the *anggunian. e. To entertain only one motion at a time and state all motions properly. f. To recogni?e only member who is entitled to the floor. g. To call a special meeting by giving written notice of it to each member of the *angguniang 'arangay. h. To appoint, with the approval of the *anggunian the chairman of the standingand special committees which may be authori?ed by the *angguniang 'arangay. '. *ecretary = The 'arangay *ecretary shall be he clerk of the *angguniang 'arangay and shall perform such duties as the *anggunian shall by ordinance prescribe. .. The duties of the *ecretary, in addition to those already prescribed by law, shall be as followsa. To attend all sessions of the *anggunaing 'arangay. b. To send out proper notices of all called sessions, other meetings and publichearings. c. To transmit to the proper committees all matters referred to them by the *anggunian. d. To prepare and certify the minutes of the *angguniang 'arangay. e. To read all correspondence and resolutions which are required by the *anggunian or by the &residing ,fficer. f. To forward to the *angguniang &anlunsod or *angguniang 'ayan, a correct copy of each resolution and approved ordinance within ten #.8$ days after the session of the *angguniang 'arangay. g. To carry out or enforce orders of the *angguniang 'arangay when such duty devolves upon him.

Rule II. - SESSIONS AND QUORUM

*ec. .. *7** ,9. = The *angguniang 'arangay shall hold regular sessions twice a month and also such number of special sessions as may be called by the &unong 'arangay or by any other four members of the *angguniang 'arangay at any time. ;. >nless the sangguniang 'arangay orders, otherwise, the &unong 'arangay shall inform the *anggunian members that regular sessions shall take place on certain specific dates and time. '. Regular sessions of the *angguniang 'arangay shall be public and the person presiding has the authority to exact from all present the respect and proper deportment. C. ;s often as necessary when public interest so demands, special sessions may be called by the &unong 'arangay or ma%ority of the members of the sanggunianl. 9o two #0$ sessions shall be held in one day. D. n case of special sessions, a written notice to the *anggunian members, stating the day, time and purpose of the meeting shall be served personally or left with a member of the household. 7. >nless otherwise agreed upon by two=thirds #0@3$ vote of the members present, there being a quorum, no other matter may be considered at a special meeting except those stated in the notice. 1. The &residing officer shall open the session by calling the *anggunian to order.

*ec. 0. F>,R>G. = The ma%ority of the *angguniang 'arangay members shall constitute a quorum, and in its absence, the business of the sanggunian shall not be discussed. ;. The &unong 'arangay shall not be counted in making a quorum. '. n the event of the inability of the &unong 'arangay to preside at a regular or special session where there is quorum, a temporary presiding officer shall be elected from among the members present who shall not vote even in case of a tie but shall certify within ten #.8$ days from their adoption all ordinances, resolutions, and motions enacted or adopted by the sanggunian. C. (hen a quorum is lacking, a ma%ority of those in actual attendance may ad%ourn from time to time and may enforce immediate attendance of any member absent.

D. f there is still no quorum inspite of the above, no other business shall be transacted and the presiding officer upon proper motion or a ma%ority of the members present shall declare the meeting ad%ourned for lack of quorum. 7. *hould a question of lack of quorum be raised, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results. 1. ;bsent members shall explain their absence during the next meeting.

Rule III. ORDER OF BUSINESS

*ection .. ,RD7R ,1 '>* 97** *angguniang 'arangayshall be as follows= The order and business of the

;. Roll call of members. '. Declaration of the existence of a quorum. C. Call to order. D. ;pproval of the minutes of the preceding session. 7. Reading of the communications received. 1. committee reports, if any. ". 'usiness for the day. A. ,ther business. . ;d%ourment. *ection 0 ;"79D; = Gatters that may be taken up in the session shall be limited only to those items listed in the agenda. *ection 3. ;&&7;R;9C7 '71,R7 TA7 *;9"">9 ;9" ';R;9";E. ,nly persons with prior permission from the 'arangay *ecretary shall be allowed to appear and speak before the *anggunian. *ection +. G;TT7R* R717RR7D T, C,GG TT77*. ;ny measure appearing in the agenda for reference to the corresponding committee shall not be sub%ect to debate or discussion, prior to final action. *ection ). >R"79T G;TT7R*. >rgent matters which may be brought to the attention of the *angguniang 'arangay, the delay in the consideration of which shall pre%udice activities of the government, may be discussed in the session without being listed in the agenda.

Rule IV. PASSAGE OF ORDINANCE

*ection .. C,& 7* ,1 ,RD 9;9C7. &roposed ordinance shall be typewritten in double space and prepared in as many copies as is necessary2 the original of the proposed

ordinance shall be submitted by its author to the *angguniang *ecretary who shall include the same in the agenda of the next session for reference to the proper committee. The remaining copies shall be distributed to the members of the *angguniang 'arangay. *ection 0. C,9T79T* ,1 &R,&,*7D ,RD 9;9C7*. &roposed ordinances and resolutions shall contain an assigned number, a title or caption, an enacting or ordaining clause, and the date of its proposed effectivity. &roposed ordinances shall be accompanied by explanatory notes containing %ustifications for their passage and shall be signed by the author or authors. *ection 3. C,GG TT77 R7&,RT. ;fter consideration of the proposed ordinance, the committee concerned shall submit its report to the ordinance committee. n case the reportis favorable, the proposed ordinance as recommended by the committee shall be calendared for discussion. f the report is unfavorable, the matter shall be laid on the table for further study and revision by its sponsor. *ection +. &;**;"7 ,1 ,RD 9;9C7. The affirmative vote of a ma%ority of the *angguniang 'arangay members shall be necessary for the passage of an ordinance or of any proposition creating indebtedness. *ection ). R7C,RD 9" ,1 ,RD 9;9C7. >pon the passage of all ordinances, resolution or motions directing the payment of money or creating liability, and, at the request of any member, the *anggunian shall take and record DayesD and DnaysD. 7ach approved ordinance, resolution of motion shall be stamped with the seal of the *anggunian and recorded in a book kept for the purpose.

Rule V. MINUTES
*ection .. C,9T79T* ,1 TA7 G 9>T7*. The Ginutes must clearly showa. The date, place and time, of holding the meeting2 b. (hether regular or special and if special, a copy of the call for such meeting2 c. The names of members present and absen2 d. (hether the minutes of the preceding meeting were read and approve2 e. 7very resolution in full2 f. f the resolution is not carried unanimously, a brief statement of the minority opinion2 and g. The original copies of the minutes must be signed by the members of the *angguniang'arangay present in the meeting to show those who voted for or against the proposition. *ection 0. 9>G'7R 9" ,1 ,RD 9;9C7* ;9D R7*,!>T ,9*. ,rdinances and resolution of the *angguniang 'arangay shall be numbered consecutively throughout

the calendar year. The numbers of resolutions should be written on the right=hand margin, opposite the first line of the resolution, while the numbers of ordinances should be written in the centerand immediately above the firs line of the ordinance. The number of the pages should be written in the middle of the top of the page. *ection 3. G;997R ,1 G;/ 9" R717R79C7 T, R7*,!>T ,9* ,1 TA7 *;9"">9 ;9" ';E;9. n the minutes of the *angguniang barangay, reference to resolutions of the *angguniang 'ayan and executive orders of the Gunicipal Gayor received should be by date, number, and title or purpose, it not being necessary to copy them verbatim in the minutes. The resolutions of the *angguniang 'ayan received approving ordinances and resolutions of a *angguniang barangay should be embodied in one resolution, while those requiring other action should each be made the sub%ect of a separate resolution.

Rule VI. MOTIONS AND THEIR PRECEDENCE

*ection .. &R < !7"7 ;9D *>'* D ;RE G,T ,9*. (hen a question is under debate, no motion shall be entertained, except the following and in the order in which they appear belowa. Gotion to ad%ourn b. Gotion to declare a recess c. Gotion to lay on the table #&ostpone temporarily$ d. Gotion to postpone to a certain day e. Gotion to refer to the corresponding committee. f. Gotion to amend the main motion g. Gotion to postpone indefinitely the consideration of any business *ection 0. F>7*T ,9 ,1 &R < !7"7. Fuestions relating to the rights and privileges of the sangguniang 'arangay or to any of its members, shall take precedence over all motions except motions relating to ad%ournment and recess. This may involved the followinga. Those relating to the organi?ation of the *angguniang 'arangay. b. Those relating to the comfort of the members of the *anggunian, like seating, lighting, ventilation and other inconveniences of the session hall. c. Those relating to the freedom from noise and conduct of other persons inside the session hall. d. Those relating to punishment of a member for disorderly conduct or other offense. e. Those relating to the accuracy of published reports of proceedings, which may include clerical errors and legibility of a published report.

*ection 3. 9C D79T;! G,T ,9*. The following motions shall take precedence of any motion, to which they are incidental and must be decided before any other business is taken up. a. &oint of ,rder = ;ny *angguniang 'arangay Gember may interrupt a speaker to bring to the attention of the &residing ,fficer any matter involving an error in procedure or violation of the Rules. t shall be discretional on the &residing ,fficerCs part to submit to the *anggunian for resolution any point of order which may be raised. b. &arliamentary nquiry = ;ny request for information is in order if they are pertinent to the pending question. c. (ithdraw a motion = ; motion by the *ponsor requesting he removal of his main motion from the consideration of the *anggunian shall be in order before its amendment and before a decision is had thereon. d. *uspend the Rules = The rules shall be suspended when a motion presented to that effect is approved by two=thirds of the members present. ;ll the foregoing motions shall be undebatable and unamendable.

Rule VII. VOTING

*ection .. 9o motions except on the presence of a quorum shall be entertained during the voting. *ection 0. ;ny member may explain his vote when voting for a debatable motion. (hen the motion is not debatable no other remarks will be entertained by the chair when a member cast his vote. *ection 3. ,n a vote where the affirmative and negative are equal in numbers, the motion shall be declared lost. *ection +. f a tie has taken place, the &unong 'arangay may, at his discretion, cast the deciding vote. *ection ). ; two=thirds vote is required to pass any of the following motionsa. To limit, extend or close a debate. b. To amend any part of the adopted Rules. c. To suspend the Rules. d. To suspend or recommend the expulsion of any member for cause. *ection 4. 9o member could be compelled to vote, he may however abstain.

*ection 5. The motion to reconsider can be made only by the member who voted on the prevailing side. ;ny member who abstained from voting shall have no right to ask for reconsideration. *ection 6. 9o member can vote on a question in which he has a direct or personal pecuniary interest.

Rule VIII. DECORUM AND DEBATES

*ection .. (henever a member wishes to speak, he shall rise and request the &residing ,fficer to allow him to have the floor which consent shall be necessary before he may proceed. *ection 0. (hen several members wish to have the floor, the &residing ,fficer shall recogni?e the one who first made the request. *ection 3. 9o member shall interrupt another without the latterCs consent, which may not be obtained except through the Chair. *ection +. The &residing ,fficer can volunteer information only when necessary. 'efore participating in the deliberation of any question before the *anggunian, he should first surrender the Chair temporarily to some other member. *ection ). f at any time, the &residing ,fficer states a point of order, or give information, or otherwise speak, within his privilege, the member speaking must take his seat till the &residing ,fficer has been first heard. *ection 4. 9o member shall walk out or across the session hall while the &residing ,fficer is addressing the *angguniang 'arangay, or while the *anggunian is engaged in voting. *ection 5. ; member who has obtained the floor shall confine himself to the question before the *anggunian and shall avoid personalities. *ection 6. 9o member shall claim the floor the second time if there are others who wish to speak the first time. *ection :. *angguniang 'arangay members shall avoid drinking alcoholic liquors before and during recess of a session. *ection .8. ,nly a member who has the right to vote on the question has the right to participate in the debate.

*ection ... (hen a general debate has been ordered, only two speeches shall be allowed each member. The member sponsoring the measure may open and close the debate. Rule H. *>&&!7G79T;RE R>!7 *ection .. ;ny Rule of ,rder or procedure being adopted by other parliamentary bodies not incompatible with the aforementioned rules may be resorted to and considered supplement to these. Rule H. D;T7 ,1 7117CT < TE *ection .. These Rule of &rocedure shall take effect on the date of their adoption and shall remain in force until repealed or amended. ;ttested byof the hereby certify to the correctness above quoted resolution, BBBBBBBBBBBBBBBBBBBBB &unong 'arangay Concurred/agawad /agawad /agawad /agawad BBBBBBBBBBBBBBBBBBBBB 'arangay *ecretary

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Duties of Public Officials

n the performance of their duties, all public officials and employees are under obligation to.. Act Promptly on Letters and Requests. ;ll public officials and employees shall, within .) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain he action taken on the request. 0. Submit Annual Performance Reports. ;ll heads or other responsible officers of offices and agencies of the government and of government=owned or controlled corporations shall, within +) working days from the end of the year, render aperformance report of the agency or office or corporation concerned. *uch report shall be open and available to the public within regular office hours. 3. Process Documents and Papers Expeditiously. ;ll official papers and documentsmust be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, no more than three signatories. n the absence of duly authori?ed signatories, the official nest=in=rank or officer=in=charge shall sign for and in their behalf. +. Act Immediately on the Public's Personal ransactions. ;ll public officials and employees must attend to anyone who wants to avail himself of the services of their offices and mus, at all times, act promptly and expeditiously. ). !a"e Documents Accessible to the Public. ;ll public documents must be made accessible to and readily available for inspection by the public within reasonable working hours.

6. Statement of Assets and Liabilities

5. .. Who shall file = ;ll public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their *tatement of ;ssets, !iabilities and 9et (orth and a disclosure of 'usiness nterest and1inancial Connections and those of their spouses and unmarried children under .6 years of age living in their householdIs. 0. Contents = The two documents shall contain information on the followinga. Real property, its improvements, acquisition costs, assessed value and current fair market value2 b. &ersonal property and acquisition cost2

6. :. .8. ... .0. .3.

.+. .). .4. .5. .6. .:. 08. 0.. 00. 03. 0+. 0). 04. 05. 06. 0:.

c. ;ll other assets such as investments, cash on hand or in banks, stocks, bonds, and the like2 d. !iabilities2 and e. ;ll business interests and financial connections. 3. When to File a. (ithin 38 days after assumption of office2 b. ,n or before ;pril 38, of every year thereafter2 and c. (ithin 38 days after separation from the service. ;ll public officials and employees required to file the aforestated documents shall also execute, within 38 days from the date of their assumption of office, the necessary authority in favor of the ,mbudsman to obtain from all appropriate "overnment agencies, including the 'ureau of nternal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests and financial connections in previous years, including, if possible, the year when they first assumed any office in the "overnment. +. Where to File = The &unong 'arangay and members of the *angguniang 'arangay, including the /abataang 'arangay Chairman, shall file the sworn statement of assets, liabilities property holding and Disclosure of 'usiness nterest and 1inancial Connections in the office of the Gunicipal or City Gayor concerned.

38. 3..

32.
33.

Prohibited Business and Pecuniary Interest

t shall be unlawful for any local government official or employes, directly or indirectly, to-

3+. 3). .. 7ngage in any business transaction with the local government unit in which he is an official, over which he has the power of supervision, or with any of its authori?ed boards, officials, agents, or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred, directly or indirectly, out of the resources of the local government unit to such person or firm2 34.

35. 0. Aold such interests in any cockpit or other games licensed by a local government unit2 36. 3:. 3. &urchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or assessment, or by virtue of a legal process at the instance of the said local government unit2 +8. +.. +. 'e a surety for any person contracting or doing business with the local government unit for which as surety is required2 and +0. +3. ). &ossess or use any public property of the local government unit for private purposes.

44.
+).

Partisan Political Activity

9o local official or employee in the career civil service shall engage directly or indirectly in any partisan political activity or take part in any election, initiative, referendum, plebiscite, or recall, except to vote, nor shall he use his official authority or influence to cause the performance of any political activity by any person or body. Ae may, however, express his views on current issues, or mention the names of certain candidates for public office whom he supports. 7lective local officials may take part in partisan political and electoral activities, but it shall be unlawful for them to solicit contributions from their subordinates or sub%ect these subordinates to any of the prohibited acts under the ,mnibus 7lection Code.

46.
+5.

Limitation on Appointments

9o elective or appointive local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. >nless otherwise allowed by law or by the primary functions of his position, no elective or appointive local official shall hold any other office or employment in the government, or any subdivision, agency or instrumentality thereof, including government=owned or controlled corporations or their subsidiaries. #*ec. :+, !"C$ The *upreme Court in the .::3 "ordon case, ruled that the primary reason the Constitution prohibits appointment of elective officials and other government officials to other posts is to stop the concentration of several public positions in one person so that a public officer or employee may serve full=time with dedication and thus be efficient in the delivery of public services. n the case of elective officials, the prohibitions against theirappointments to other posts is to prevent a situation where a local elective official will work for his appointment in an executive position in government, and thus neglect his constituents.

+6. +:.

50.

Additional or Double Compensation

)..

9o elective or appointive local official or employee shall receive additional, double, or indirect compensation, unless specifically authori?ed by law, nor accept without the consent of Congress, any present, emoluments, office, or title of any kind from any foreign government. &ensions or gratuities shall not be considered as additional, double, or indirectcompensation.

Duties of the Sangguniang Barangay Members to Maintain Peace and Order

The !ocal "overnment Code grants the *angguniang 'arangay members the power to act as peace officers in the maintenance of public order in the barangay. Role of the &unong 'arangay as &eace ,fficer.. !ead 7mergency "roup = The &unong 'arangay is empowered to organi?e and lead an emergency group whenever the same may be necessary for the maintenance of peace and order within the barangay. 0. ;ssist Gunicipal ,fficials = The &unong 'arangay is duty bound to maintain public order in the barangay and to assist the Gunicipal or City Gayor and the *angguniang 'ayan or *angguniang &anlungsod members, who are assigned to take charge of their district, in the performance of their duties in such barangay. 3. &ossess and Carry firearms = n the performance of his peace and order functions, the &unong 'arangay is entitled to possess and carry the necessary firearms within his territorial %urisdiction, sub%ect to existing rules and regulations on the possession and carrying of firearms. >nder the Department of 9ational Defense, Department of !ocal government and ntegrated 9ational &olice Joint Gemorandum Circular dated *eptember .), .:5), barangay officials in collaboration with the ntegrated 9ational &olice #now &9&$ and relative to the maintenance of peace and order and public safety in the barangay, the barangay officials shall have the following duties as peace officers.. Report immediately to the law enforcement or police authorities concerned the occurrence of any crime, accident, public disturbance or public nuisance of which he has personal knowledge or which may have been brought to his attention2 0. Report immediately to the law enforcement or police authorities the presence of any known criminal or suspicious character in his %urisdiction2 3. Conduct surveillance on suspicious activities or group movements in his district or'arangay to report immediately to the police authorities any positive finding or information he might gather2 +. Conduct surveillance of crime=breeding areas in the barangay and report hisobservation to the law enforcement or police authorities2

). ;ssist law enforcement or police authorities in tracing the whereabouts of missing persons, arresting escaped prisoners and other fugitives from %ustice, and recovering stolen properties or confiscating contrabands2 4. ;ssist law enforcement or police authorities in the service or execution of warrants and other %udicial processes2 and 5. Coordinate closely with and actively assist law enforcement or police authorities in the drive against all forms of vice, smuggling, carnapping, drug traffic and addiction,%uvenile delinquency, violations of special laws, and all other forms of lawlessness.

8. Constitutional Provision on Public Officials

:. &ublic office is a public trust. &ublic officers and employees must at all times be accountableto the people, serve with the utmost responsibilities, integrity, loyalty, and efficiency, act with patriotism and %ustice, and lead modest lives. .8. ... ; public servant must exhibit at all times the highest sense of honesty and integrity. ;s a recipient of a public trust, he is obliged to do the duties of his office honestly, faithfully, and to the best of his ability. ;s a trustee for the public, he must demonstrate courtesy and civility in his official actuations with the public. Ae must use reasonable skill and diligence in performing his official duties, particularly where rights of individuals may be %eopardi?ed by his neglect. Ae is bound virtute offici, to bring to the discharge of his duties that prudence, caution and attention which careful men usually exercise in managing their own affairs. .0. .3. D&ublic offices are intended primarily for the collective protection, safety, and benefit of the common good. They cannot be compromised to favor private interest.D #Chief JusticeGarcelo '. 1ernan$.

14.

The Katarungang Pambarangay Law

.). The concept of Dneighborhood paralegal committeeD was first advocated by the Chief Justice of the *upreme court 1red Rui? Castro in one of his speeches in .:54. ,fficial recognition of the value of this innovative concept of settling disputes came with the promulgation of &residential Decree 9o. .0:3 on January 05, .:56 which created a commission charged Dwith the duty of studying the feasibility of instituting a system of resolving disputes among family and barangay members at the barangay level without recourse to the courtsD. .4. .5. The work of the Commission was assigned to a technical committee organi?ed by virtue of ;dministrative ,rder 9o. .0 issued by the Chief Justice. This committee formulated the rules and procedural guidelines that was to be incorporated in the draft of the proposed law on resolving disputes among barangay members. The

draft of the /atarungang &ambarangay !aw was submitted ot the &resident and this was signed into law on June .., .:56 as &residential Decree 9o. .)86. This law formally organi?ed and institutionali?ed a system of amicably settling disputes at the barangay level. 1or the last thirteen years it was successfully implemented as envisioned by its authors. .6. .:. (ith the enactment of Republic ;ct 9o. 5.48, otherwise known as the !ocal "overnment Code of .::., the /atarungang 'arangay !aw is given added force by including within its scope all offenses punishable by imprisonment of not exceeding one year or a fine not exceeding five thousand pesos. This law also takes into cogni?ance the role of elders and the council of datus in settling disputes among members of indigenous cultural communities adopting local systems. To give more responsibility to !upon members, Republic ;ct 9o. 5.48 extends their term of office to three years and it also mandates the Department of nterior and !ocal "overnment to provide for a system of granting economic or otherincentives to the !upon or &angkat members who adequately demonstrate the ability to %udiciously and expeditiously resolve cases referred to them.