WHEREAS,
Presidential Decree No. 86 dated December 31, 1972, created the
Barangays (Citizen Assemblies) in order to broaden the base of citizen
participation in the democratic process and to afford ample
opportunities for the citizenry to express their views on important
national issues;chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 86-A dated January 5, 1973,
strengthening and defining the role of Barangays (Citizens Assemblies)
states that they shall constitute the base for citizen participation in
governmental affairs and their collective views considered in the
formulation of national policies or programs;chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 86-B dated January 7, 1973, provide,
among others, that important national issues shall from time to time be
referred to the Barangays for resolution;chanroblesvirtualawlibrary
WHEREAS, the Barangays have been recognized and accepted as
instrumentalities of the sovereign will of the people;chanroblesvirtualawlibrary
WHEREAS, the Commission on Elections has now been duly constituted
pursuant to the new Constitution of the Republic of the Philippines;chanroblesvirtualawlibrary
WHEREAS, pursuant to Section 4, Article V, of the new Constitution, it
shall be the obligation of every citizen qualified to vote to register
and cast his vote; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all Armed Forces of the Philippines and pursuant
to Proclamation No. 1081 dated September 21, 1972, and General Order
No. 1 dated September 22, 1972, do hereby order and decree to be part
of the laws of the land the following:cralaw:red
Section 1. Supervision of the Commission on
Elections. — The Commission of Elections shall, in addition to the
powers and functions conferred upon it by the Constitution, have direct
supervision and control in the registration of members of the Barangays
(Citizens Assemblies) and shall exercise and perform such other powers
and functions as may be conferred upon it by this Decree.
Section 2. Participation in the Barangay (Citizen
Assembly). — In order that a qualified person may participate and vote
in any meeting or referendum of the Barangay created under Presidential
Decree No. 86, he must be registered in the Barangay list of the
barrio, barangay or district he resides.
Section 3. Definitions. — As used in this Decree,
unless the context indicates otherwise:cralaw:red
(a) "Barangays" (Citizens Assemblies) refer to the
bodies constituted under Presidential Decree No. 86, dated December 31,
1972, and to wards in cities where there are no barrios.
(b) "List" shall refer to the registered members of
the Barangay.
(c) "Barrio Captain" and "Members of the Barrio
Council" shall be understood to mean those who were duly elected as
such under revised Barrio Charter, or their duly authorized
replacements.
(d) "Barangay Chairman" and "Barangay Leaders" shall
refer to those who are appointed by the City Mayors in accordance with
this Decree.
Section 4. Barangay List. — There shall be a list of
all the members of the Barangay in each barrio, barangay or district
containing the name, sex, civil status, residence and date of birth of
each member. The list shall be under the custody of the Barrio Captain
or barangay chairman.
Section 5. Registration Officers. — The Barrio
Captain and members of the Barrio Council, or in the case of chartered
cities where there are no existing barrios the barangay chairman and
the barangay leaders, shall be ex-officio Registration Officers in
their respective barrios, barangay or districts and shall take charge
of the registration of the members of the barangays therein without
prejudice to the power of the Commission to deputize public school
teachers and such other officials or employees whenever the need arises
to help in the registration of barangay members.
In cities or areas thereof where no barrios exist, the City Mayor shall
appoint the barangay chairman and barangay leaders: Provided, That the
number of barangay leaders of each barangay or district shall not be
more than ten, one of whom shall be the barangay or district secretary.
Section 6. Who must register. — Every person,
literate or not, fifteen years of age or over, who has resided in the
barrio, barangay or district for at least six months and who is a
Filipino citizen must register with any of the registration officers of
the barrio, barangay or district where he resides: Provided, however,
That any person who on account of his profession or calling may not be
able to register in his barrio, barangay or district may register in
the barrio, barangay or district where he is temporarily residing.
Section 7. Application for Registration. — Every
person who is qualified to register as member of the barangay shall
register by personally appearing before any of the registration
officers of the barrio, barangay or district at such place which the
latter may designate with proper notices to the barrio, barangay or
district members. Registration may also be done at the residence of the
registration officers. chanroblesvirtualawlibrary
To expedite the registration, the registration officers shall also
conduct a house to house registration
Section 8. Approval or Disapproval of Application. —
If the registration officer finds the applicant qualified, he shall
enter his name in the list in his possession, and require the applicant
to fill the registration record which shall contain the name, sex,
civil status, residence, date of birth and signature of the applicant.
One copy shall be retained by the applicant and the other copy shall be
transmitted to the Election Registrar of the city, municipality or
municipal district.
In case the applicant is illiterate or cannot by himself accomplish the
registration record, the registration officer shall accomplish the same
for and in behalf of the applicant who shall thereafter affix his
thumbmark in the presence of two witnesses who must also affix their
signatures thereon.
The registration record shall be authenticated by the registration
officer: Provided, however, That once an applicant's name is entered in
the list, failure or omission to accomplish the registration record
shall not affect his inclusion therein: Provided, further, That the
registration record shall be accomplished and submitted within a
reasonable time.
Section 9. Cancellation of Registration. — Any member
who wants to transfer his registration must first cancel his
registration by appearing personally before any registration officer or
by filing in writing a request for cancellation stating the reasons
therefor. chanroblesvirtualawlibrary
Section 10. Preparation of Barangay List. — The
barrio captain, or in the case of cities, the barangay chairman, shall
prepare in duplicate in a form to be prescribed by the Commission on
Elections, the barangay list containing all the names of duly
registered members arranged alphabetically. For this purpose, the
registration officers shall submit immediately to the barrio captain or
barangay chairman concerned the names of members registered by them for
inclusion in the barangay list. The list shall be authenticated by the
barrio captain or barangay chairman as the case may be and by the head
teacher of the public school of the barrio, barangay or district, or in
his absence, the most senior public school teacher of the barrio,
barangay or district.
The original copy of the list shall be transmitted to the Election
Registrar of the city, municipality or municipal district and the
duplicate copy shall be retained by the barrio captain or barangay
chairman. chanroblesvirtualawlibrary
The registration records of the members shall likewise be forwarded to
the Election Registrar of the city, municipality or municipal district
who shall compile them and bind them by barrios, barangays or district
together with the corresponding barangay list.
In the event that the barangay list is lost, destroyed, or otherwise
not available for use at any barangay meeting or referendum, the list
in the custody of the Election Registrar shall be used in lieu thereof.
Section 11. Penal Provisions. — (a) Failure of any
registration officer to comply with his duties and functions within the
period prescribed shall be ground for disciplinary action in accordance
with the revised Barrio Charter: Provided, however, That when a
registration officer refuses to perform certain acts required in him
under this Decree the penalty shall be a fine of not less than fifty
pesos but not more than two hundred pesos or an imprisonment of not
less than one month but not more than one year, or both fine and
imprisonment in the discretion of the court; chanroblesvirtualawlibrary
(b) Any qualified person who fails without
justifiable excuse to register within the period prescribed by law
shall be guilty of an offense punishable with a fine of twenty pesos;chanroblesvirtualawlibrary
(c) The following shall be guilty of an offense
punishable with imprisonment of not less than one month nor more than
six months:cralaw:red
(1) Any person who registers more than once.
(2) Any registering officer who knowingly registers a
person not duly qualified to be registered or who refuses to accept any
application for registration.
(3) Any person who delays, hinders or obstruct
another from registering.
Section 12. Jurisdiction of Court. — The municipal or
city courts as the case may be shall have jurisdiction over all the
offenses punishable under this Decree, subject to appeal to the Court
of First Instance the decision of which shall be final.
Section 13. Prosecution of Offenses. — Acts
punishable by this Decree shall be prosecuted in the same manner as
election offenses punishable by the Election Code of 1971.
Section 14. Transitory Provision. — Without prejudice
to the registration of persons not included, any list prepared and used
in the referendum of January 1973 in accordance with Presidential
Decrees Nos. 86, 86-A, 86-B duly certified as such by the Secretary of
the Department of Local Governments and Community Development or his
duly designated representative shall be adopted for purposes of this
Decree after the said list shall have been posted in at least three
conspicuous places in the barrio, barangay or district, or in case the
list is of such thickness or volume that it is impractical to post it,
deposited in the offices of schools where it shall be open for public
scrutiny, for a period of five days. In case there are no complaints
against the inclusion of persons not qualified to be registered, the
question shall be determined by the Registrar of the city, municipal or
municipal district, but the entire list shall not be affected.
After the reglementary period of publication prescribed in the
preceding paragraph, the list shall then be authenticated in the same
manner as provided in Section 10 herein.
Section 15. Promulgation of Rules. — The Commission
of Elections shall promulgate such rules and regulations and prescribe
and/or furnish such forms and reglementary periods for certain acts
required herein to be performed.
The Commission is also authorized to provide for the updating of lists
and to promulgate rules concerning disputes over registration and other
matters related to barangay affairs. chanroblesvirtualawlibrary
The Commission on Elections may procure any supply, materials or
service needed for the implementation of this Decree either by
negotiation or through sealed quotation if it finds the requirements of
public bidding impracticable to observe.
Section 16. Barangay Affairs Department. — The
Commission on Election is hereby authorized to organize a department,
office or agency to administer the affairs of barangays, including the
holding of referendum and other forms of consultation.
To implement the provisions of this Decree the amount of THREE MILLION
PESOS (P3,000,000.00) is hereby appropriated out of any funds in the
National Treasury not otherwise appropriated.
Section 17. Repealing Clause. — All laws, executive
orders, decrees, rules and regulations, or parts thereof, inconsistent
with the provisions of this Decree are hereby repealed, amended or
modified accordingly.
Section 18. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 8th day of June, in the year of Our Lord, nineteen hundred and
seventy-three.
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