BARANGAY

Merachelle Rala Borracho

 CHAPTER 1: ROLE AND
CREATION OF THE BARANGAY
Sec. 384: Role of the Barangay

- serves as the primary unit of

government policies, plans, programs,
projects, and activities in the community
- a forum wherein the collective views of
the people may be expressed, crystallized,
and considered, and where disputes may
be amicably settled
 Sec. 385: Manner of Creation
- law or 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 LGU/s directly
affected within such period of time as may
be determined by law or ordinance
- creation by the sangguniang panlalawigan
- recommendation of the sangguniang
bayan shall be necessary
 Decided Cases
- Pelaez v. Auditor General
President has no authority to create barangays
- Paredes v. Executive Secretary
“unit or units affected” includes only voters of the
barangays to be segregated from the parent
municipality
- City of Pasig v. COMELEC
boundary disputes must first be decided before
plebiscites for the creation of the proposed
barangays may be held
 SEC. 386:Requisites for Creation
- Contiguous territory
- Population (certified by the NSO)
- at least 2000 inhabitants
- at least 5000 in cities & municipalities
- Metro Manila
- metropolitan political subdivisions
- highly urbanized cities
-NB: The creation shall not reduce the
population of the original barangay/s to
less than the minimum requirement
- Indigenous communities
- enhance the delivery of basic services,
barangays may be created by an Act of
Congress
- Territorial jurisdiction: shall be properly
identified by metes and bounds or by more
or less permanent natural boundaries
- the territory need not be contiguous if it
comprise two or more islands
- Barangay Consolidation Plan:
prepared by the governor or city mayor
and submitted to the sangguniang
panlalawigan and sangguniang
panlungsod

- For municipalities within the Metropolitan

Manila area and other metropolitan
political subdivisions: prepared and
approved by the sangguniang bayan
concerned
 CHAPTER 2: BARANGAY
OFFICIALS AND OFFICES
Sec. 387: Chief Officials and Offices
- punong barangay
- seven sangguniang barangay members
- sangguniang kabataan chairman
- barangay secretary
- barangay treasurer
- lupong tagapamayapa
- community brigades or other positions or
offices (needs and budget)
 Sec. 388: Persons in Authority
- Persons in authority
- punong barangay
- sangguniang barangay members
- members of the lupong tagapamayapa
- Agents of persons in authority
- 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
- any barangay member who comes to the aid of
persons in authority
 Decided Cases

- People vs. Sion

members of the Sangguniang Barangay, or
Kagawads, and members of the Lupong
Tagapamayapa are now considered as
persons in authority
- People vs. Pena
there should be proof that the accused
deliberately intended to insult the rank of the
viction barangay captain to consider it as an
aggravating circumstance
 CHAPTER 3: THE PUNONG
BARANGAY
Sec. 389: Chief Executive: Powers, Duties and Functions

- Law enforcement
- Contracts
- Maintenance of public order
- Sessions
- Appointing power
- Emergency group leader
- Budget preparation
- Voucher approval
- Enforcement of environmental laws
- Operation administrator
- General supervision for the Sangguniang Kabataan (SK)
- Ensuring the delivery of basic services
- Conduct the annual palarong pambarangay in accordance with DepEd
- Promote general welfare
- Other powers prescribed by law or ordinance
NB: Entitled to possess and carry the necessary
firearm within his territorial jurisdiction , subject
to appropriate rules and regulations

Decided Cases
- Milo vs. Salanga
a barrio captain may arrest and detain persons within
legal limits as person in authority
- Alquizola, Sr. vs. Ocol
- Power to appoint includes the power to remove
- Dismissal of employees should be with concurrence
of the majority of all the members of the Sanggunian.