COMPARATIVE LOCAL POLITICS AND ADMINISTRATION

(The Barangay)

ROLAND F. MARINOPLM-MGM-ESP DR. GILBERT LOZADA

THE BARANGAY

A Barangay (Brgy. or Bgy.;) formerly called barrio, is the smallest administrative division in the Philippines and is the native Filipino term for a village.

The Barangay was the dominant organizational pattern among indigenous communities in the Philippine archipelago. The name barangay originated from balangay, a Malay word meaning "sailboat".

THE BARANGAY

• The word Barangay in modern use refers to the smallest administrative division in the Philippines, also known by its former Spanish adopted name, the barrio. This modern context for the use of the term barangay was adopted during the administration of President Ferdinand Marcos when he ordered the replacement of the old barrios and municipal councils. This act was eventually codified under the 1991 Local Government Code.

Difference from the modern civilization:

• The most glaring difference would be that the modern entity represents a geographical entity, the pre-colonial barangays represented loyalty to a particular head (datu). Even during the early days of Spanish rule, it was not unusual for people living beside each other to actually belong to different barangays. Also, while the modern barangay represents only the smallest administrative unit of government, the barangay of pre-colonial times was either independent, or belonged to what was only a loose confederation of several barangays, over which the rulers picked among themselves who would be foremost - known as the Pangulo or Rajah.

Difference from the modern civilization:

Section 384 of the Local Government Code of 1991 states that: “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,” (De Guzman, 2010).

The Present-day Barangay

The Sangguniang Barangay known commonly as the Barangay Council, and formerly as the Rural Council and then the Barrio Council, is the legislative body of a barangay, the lowest elected government in the Philippines.

The term is coined from the Tagalog words "sanggunian" and "baranggay" which means "barangay advisory council".

The Sangguniang Barangay (Brgy. Council)

Composition of Barangay Council;

Punong Barangay

7 regular Sangguniang Barangay members elected at large -

SK Chairman -

It passes ordinances and resolutions for the effective administration of the barangay. Its powers and functions are defined by the Local Government Code of 1991.

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;

◦ tax and revenue ordinances;

◦ annual and supplemental budgets:

Powers, Duties, and Functions.

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;

Submit to the Sangguniang Panlungsod or Sangguniang Bayan:

suggestions or recommendations for the improvement of the Barangay or for the welfare of the inhabitants thereof;

Assist in the establishment, organization, and promotion of:

◦ Cooperative enterprises (that will improve the economic condition and well−being of the residents).

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)

Solicit or accept:◦ monies, ◦ materials ◦ voluntary labour◦ 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;

Provide ◦ compensation, reasonable allowances or per

diems◦ travel expenses for Sangguniang Barangay

members and other Barangay officials.

Hold fund−raising activities

- no need of securing permits from any national or local office or agency

- tax−exempt - and shall accrue to the general fund

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) at any one time for the ordinary and essential administrative needs of the Barangay

Prescribe fines in amounts not exceeding One thousand pesos (P1,000.00) for violation of Barangay ordinances;

Provide for the administrative needs of the Lupong Tagapamayapa and the pangkat ng tagapagkasundo;

Provide for the organization of community brigades, Barangay tanod, or community service units as may be necessary;

Adopt measures to prevent and control the proliferation of squatters and mendicants in the Barangay;

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.

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;

Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile delinquency;

Services and facilities related to general hygiene andsanitation, beautification, and solid waste collection;

Provide Basic Services;

Maintenance of Barangay roads and bridges and water supply systems;

Health and social welfare services which include maintenance of Barangay Health Center and Day−Care Center;

Infrastructure facilities such as multi−purpose hall, multi-purpose pavement, plaza, sports center, Information and reading center;

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

Assist the Punong Barangay in the discharge of his duties and functions;

Other Duties of SB Members

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

Perform such other duties and functions as the Punong Barangay may delegate;

KATARUNGANG PAMBARANGAY

• Introduced in 1978• System of justice• For resolution of local level disputes• Free the court with cases• Provide justice to the poor• Not judge, but assist

Katarungang Pambarangay (Justice System)

Lupong Tagapamayapa

Pangkat Tagapagkasundo (Conciliation Panel)

ACTUAL RESIDENTS/ WORKING IN THE BARANGAY OF LEGAL AGE WITH THE FOLLOWING QUALITIES: INTEGRITY, IMPARTIALITY, INDEPENDENCE, FAIRNESS, REPUTATION FOR PROBITY, PATIENCE, RESOURCEFULNESS, OPEN-MINDEDNESS FLEXIBILITY

Qualifications of Lupon Members

Pangkat Tagapagkasundo

1. NO LAWYERS allowed in barangay hearings.2. Not all cases go to the Katarungang Pambarangay.3. Execution may be filed in court.4. The Lupong Tagapamayapa is NOT a court.

LUPON MEMBERS ARE NOT JUDGES

◦ It is a conciliation body and the members are conciliators.◦ Barangay Chairman - Mediator

General Rules

One party is the government. One party is a public officer. Offenses punishable by imprisonment

exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00);

No private offended party Real property from different municipalities

What cases are NOT included?

What cases are NOT included?

REFERENCES:

Barangay 352 Zone 35 District III, Manila (Files) Local Government Code of 1991 Atty. Harve B. Abella, Esq. (ABELLA & ABELLA LAW OFFICE) Michael John D. Sison Alvin Osias Almo (LGOO III) Google Wikipedia

Thank you!

THANK YOU!!!