BOOK III
Local Government Units
TITLE I
The Barangay
CHAPTER I
Role and Creation of the Barangay
SECTION 384. Role of the Barangay. – As the basic political unit, the barangay serves as the
primary planning and implementing unit of government policies, plans, programs, projects, and
activities in the community, and as a forum wherein the collective views of the people may be
expressed, crystallized and considered, and where disputes may be amicably settled.
SECTION 385. Manner of Creation. – A barangay may be created, divided, merged, abolished, or
its boundary substantially altered, by law or by an ordinance of the sangguniang panlalawigan or
sangguniang panlungsod, subject to approval by a majority of the votes cast in a plebiscite to be
conducted by the COMELEC in the local government unit or units directly affected within such
period of time as may be determined by the law or ordinance creating said barangay. In the case
of the creation of barangays by the sangguniang panlalawigan, the recommendation of the
sangguniang bayan concerned shall be necessary.
SECTION 386. Requisites for Creation. – (a) A barangay may be created out of a contiguous
territory which has a population of at least two thousand (2,000) inhabitants as certified by the
National Statistics Office except in cities and municipalities within Metro Manila and other
metropolitan political subdivisions or in highly urbanized cities where such territory shall have a
certified population of at least five thousand (5,000) inhabitants: Provided, That the creation
thereof shall not reduce the population of the original barangay or barangays to less than the
minimum requirement prescribed herein.
To enhance the delivery of basic services in the indigenous cultural communities, barangays may
be created in such communities by an act of Congress, notwithstanding the above requirement.
(b) The territorial jurisdiction of the new barangay shall be properly identified by metes and
bounds or by more or less permanent natural boundaries. The territory need not be contiguous if it
comprises two (2) or more islands.
(c) The governor or city mayor may prepare a consolidation plan for barangays, based on the
criteria prescribed in this section, within his territorial jurisdiction. The plan shall be submitted to
the sangguniang panlalawigan or sangguniang panlungsod concerned for appropriate action.
In the case of municipalities within the Metropolitan Manila Area and other metropolitan political
subdivisions, the barangay consolidation plan shall be prepared and approved by the
sangguniang bayan concerned.
CHAPTER II
Barangay Officials and Offices
SECTION 387. Chief Officials and Offices. – (a) There shall be in each barangay a punong
barangay, seven (7) sangguniang barangay members, the sangguniang kabataan chairman, a
barangay secretary, and a barangay treasurer.
(b) There shall also be in every barangay a lupong tagapamayapa. The sangguniang barangay
may form community brigades and create such other positions or offices as may be deemed
necessary to carry out the purposes of the barangay government in accordance with the needs of
public service, subject to the budgetary limitations on personal services prescribed under Title
Five, Book II of this Code.
SECTION 388. Persons in Authority. – For purposes of the Revised Penal Code, the punong
barangay, sangguniang barangay members, and members of the lupong tagapamayapa in
each barangay shall be deemed as persons in authority in their jurisdictions, while other
barangay officials and members who may be 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
persons in authority, shall be deemed agents of persons in authority.
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;
(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 and revenue ordinances, subject to the limitations imposed in this Code;
(3) Enact annual and supplemental budgets in accordance with the provisions of this Code;
(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 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;
(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 394. Barangay Secretary: Appointment, Qualifications, Powers and Duties. – (a)
The barangay secretary shall be appointed by the punong barangay with the concurrence
of the majority of all the sangguniang barangay members. The appointment of the barangay
secretary shall not be subject to attestation by the Civil Service Commission.
(b) The barangay secretary shall be of legal age, a qualified voter and an actual resident of the
barangay concerned.
(c) No person shall be appointed barangay secretary if he is a sangguniang barangay member, a
government employee, or a relative of the punong barangay within the fourth civil degree of
consanguinity of affinity.
(d) The barangay secretary shall:
(1) Keep custody of all records of the sangguniang barangay and the barangay assembly
meetings;
(2) Prepare and keep the minutes of all meetings of the sangguniang barangay and the barangay
assembly;
(3) Prepare a list of members of the barangay assembly, and have the same posted in
conspicuous places within the barangay;
(4) Assist in the preparation of all necessary forms for the conduct of barangay elections,
initiatives, referenda or plebiscites, in coordination with the COMELEC;
(5) Assist the municipal civil registrar in the registration of births, deaths, and marriages;
(6) Keep 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 sangguniang barangay; and
(8) Exercise such other powers and perform such other duties and functions as may be prescribed
by law or ordinance.
SECTION 395. Barangay Treasurer: Appointment, Qualifications, 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;
(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.
SECTION 396. Other Appointive Officials. – The qualifications, duties, and functions of all other
barangay officials appointed by the punong barangay shall be governed by the provisions of this
Code and other laws or by barangay ordinances.
CHAPTER VI
Barangay Assembly
SECTION 397. Composition; Meetings. – (a) There shall be a barangay assembly composed of all
persons who are actual residents of the barangay for at least six (6) months, fifteen (15) years of
age or over, citizens of the Philippines, and duly registered in the list of barangay assembly
members.
(b) The barangay assembly shall meet at least twice a year to hear and discuss the semestral
report of the sangguniang barangay concerning its activities and finances as well as problems
affecting the barangay. Its meetings shall be held upon call of the punong barangay or of at least
four (4) members of the sangguniang barangay, or upon written petition of at least five percent
(5%) of the assembly members.
(c) No meeting of the barangay assembly shall take place unless a written notice is given one (1)
week prior to the meeting except on matters involving public safety or security, in which case
notice within a reasonable time shall be sufficient. The punong barangay, or in his absence, the
sangguniang barangay member acting as punong barangay, or any assembly member selected
during the meeting, shall act as presiding officer in all the meetings of the assembly. The
barangay secretary, or in his absence, any member designated by the presiding officer to act as
secretary, shall discharge the duties of secretary of the barangay assembly.
SECTION 398. Powers of the Barangay Assembly. – The barangay assembly shall:
(a) Initiate legislative processes by recommending to the sangguniang barangay the adoption of
measures for the welfare of the barangay and the city or municipality concerned;
(b) Decide on the adoption of initiative as a legal process whereby the registered voters of the
barangay may directly propose, enact, or amend any ordinance; and
(c) Hear and pass upon the semestral report of the sangguniang barangay concerning its activities
and finances.
CHAPTER VII
Katarungang Pambarangay
SECTION 399. Lupong Tagapamayapa. – (a) There is hereby created in each barangay a lupong
tagapamayapa, hereinafter referred to as the lupon, composed of the punong barangay, as
chairman and ten (10) to twenty (20) members. The lupon shall be constituted every three (3)
years in the manner provided herein.
(b) Any person actually residing or working in the barangay, not otherwise expressly disqualified
by law, and possessing integrity, impartiality, independence of mind, sense of fairness, and
reputation for probity, may be appointed a member of the lupon.
