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PRESIDENTIAL DECREE NO. 431
PRESIDENTIAL DECREE NO. 431 -
PRESCRIBING A SYSTEM OF PERMANENT AND CONTINUING REGISTRATION OF
MEMBERS OF BARANGAYS, PROVIDING A PROCEDURE FOR THE CREATION OF
BARANGAYS, PROVIDING A PROCEDURE FOR THE CREATION OF BARANGAY IN AREAS
WHERE THERE ARE NONE AND FOR THE ELECTION OF OFFICIALS THEREOF
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WHEREAS, on
many instances in the past grave problems and crises of the nation have
been surmounted and/or controlled due to the effective and
civic-spirited action of barangays, their leaders and members alike,
thereby proclaiming to all the world that indeed the barangays have
become a vital force in the political, economic, social and cultural
development and evolution of the nation;chanroblesvirtualawlibrary
WHEREAS, in the light of the referendum held so far during which the
members of the barangays were called upon to express their views on
important local and national issues, it is now an established reality
that barangay democracy at its best is a system that merits to be
strengthened, sustained and supported; chanroblesvirtualawlibrary
WHEREAS, considering the number of persons every month who reach the
qualifying age of fifteen, it is imperative that a continuing system be
provided for their immediate registration as members of the barangay;
and
WHEREAS, a permanent list of barangay members, based on past
registrations made up-to-date through a continuous process of
registration of those who reach the qualifying age, is of tremendous
value not only for statistical purposes, but also for use at any time
in any referendum is committed to undertake periodically;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order;chanroblesvirtualawlibrary
Section 1. Permanent list of barangay members. —
There shall a permanent list of barangay members in every barangay
consisting of all the registered members thereof.
Section 2. Use of the permanent. — The permanent list
of registered barangay members, with such additions, cancellations and
corrections as may be proper under this decree and under the
implementing rules and regulations of the Commission on Elections,
hereinafter referred to as the COMELEC, shall be used in and shall be
conclusive as to the persons entitled to participate in any local or
national referendum and/or consultation that may hereafter be called by
competent authority and expressly to fall under the supervision and
control of the COMELEC: Provided, however, That upon request of any
barangay council and with previous authority of the COMELEC, any list
may be used for the same purpose in cases where purely local matters
are discussed and decided upon by the barangay, whenever such use we
will insure the orderly holding thereof. chanroblesvirtualawlibrary
Section 3. Barangays. — For purposes of this Decree,
any barrio recognized under Republic Act 3590, otherwise known as the
"Barrio Charter Law", as amended, including those that were
subsequently created in accordance with said law, shall henceforth be
called "Barangay."
The following terms used under the Barrio Charter Law shall likewise be
changed as indicated:cralaw:red
a) "Barrio Council" to "Barangay Council;"
b) "Barrio Assembly" to "Barangay Assembly;"
c) "Barrio Captain" to "Barangay Captain;"
d) "Barrio Councilman to "Barangay Councilor."
Section 4. Who may be registered in the permanent
list of barangay members. — Every person, literate or not, fifteen
years of age or over, who has resided in the barangay for at least six
months and who is a Filipino citizen shall register with any of the
registration officers of the barangay where he resides.
Section 5. Barangay registration officers. — The
barangay head and barangay councilors shall be the ex-officio
registration officers in their respective barangays and shall take
charge of the registration of the members thereof without prejudice to
the power of the COMELEC to deputize public school teachers and such
other officials or employees whenever the need therefor arises.
Section 6. Registration of barangay members. — On any
date after having acquired the qualification of a barangay member but
not later than sixty days thereafter, a qualified barangay member shall
personally appear before any registration officer of the barangay where
he resides and file a sworn application for registration in duplicate.
It shall be the continuing duty of all registration officers to inform
the residents in their respective barangays of their duty to register
in accordance with this provision.
Section 7. Application for registration. — The sworn
application for registration shall contain or state the
following: chanroblesvirtualawlibrary
a) Name, surname and middle and/or maternal surname;chanroblesvirtualawlibrary
b) Place of birth;chanroblesvirtualawlibrary
c) Civil status; if married, the name of the spouse;chanroblesvirtualawlibrary
d) Profession, occupation or work;chanroblesvirtualawlibrary
e) Exact address with the name of the street, the
house number or in case there be none, a brief description of the
locality and place;chanroblesvirtualawlibrary
f) The signature of the applicant, if literate;chanroblesvirtualawlibrary
g) The print of the left and the right thumbmark;
Space shall be provided upon the face of the application for the
notation of such other information or data which the COMELEC may
require.
In case the applicant is illiterate or cannot by himself accomplish the
application for registration, the registration officer shall accomplish
the same and in behalf of the applicant who shall thereafter be
required to affix his thumbmarks in the presence of two witnesses who
shall also sign their names thereon.
The registration officer shall administer the oath required in the
application for registration: Provided, however, That the same may also
be authenticated by any notary public.
Section 8. Approval or disapproval of application. —
Within three days from receipt of the sworn application for
registration officer shall render his decision thereon, annotating the
same on the proper space in the application. If he approves the
application the registration officer shall submit the original copy to
the barangay head to be compiled in the book of barangay members as
hereinafter provided. The duplicate copy shall be submitted to the
election registrar of the city, municipality or municipal district who
shall likewise include the same in the second set of the book of
barangay members as provided herein.
If he disapproves the application, he shall notify in writing the
applicant accordingly. An application may appeal within five days from
receipt of the disapproval of his application by appearing personally
before the election registrar of the city, municipality or municipal
district encompassing the barangay, stating the reasons and/or
presenting evidence showing that he is entitled to registration. The
election registrar may summon the registration officer concerned to
shed light why he denied the application for registration. The election
registrar shall render his decision on the appeal which shall, in no
case, be later than five days from the date the appeal was made. The
decision of the election registrar shall be final.
The election registrar shall immediately notify the registration
officer concerned of his decision and if the same is for the
registration of the applicant, said notice shall contain an order
directing that the application be included in the book of barangay
members.
Section 9. Preparation of book barangay members and
custody members and custody thereof— The barangay head shall prepare
a book of barangay members consisting of the original copies of all
approved applications arranged alphabetically in a suitable binder or
device. Unless otherwise provided by the COMELEC, safekeeping of the
barangay head and upon expiration or termination for any cause of his
term of office as such, it shall be his duty and responsibility to turn
over custody thereof to his successor in office.
Section 10. Registration card of barangay members. —
Based on the barangay book of members in his possession, the election
registrar of city, municipality or municipal district shall issue a
registration card to each barangay member duly registered: Provided,
however, That any member whose registration is challenged during any
referendum and/or consultation shall not be precluded from
participating therein even if he fails to produce his registration card
as long as his identity and registration are satisfactorily established
through some other means.
Each registration card shall bear the name of the member, the barangay
where the is registered, age, sex, civil status, occupation, thumbmark,
and in case of a literate member, his signature and the signature of
the election registrar issuing the same.
No fees shall be collected for the issuance of the identification card
of a member.
In case of loss, any barangay member may apply for the issuance of
another registration card: Provided, however, That no substitute
registration card shall be issued except upon sufficient and
satisfactory proof of loss.
The application for substitution may be made either in writing or by
personally appearing before the election registrar of the city,
municipality or municipal district where he is registered.
Section 11. Cancellation of registration. — Any
registered barangay member who acquires residence in another barangay
and is registered therein shall notify the barangay head of his former
residence of his new registration. Upon receipt of the notice, the
barangay head and election registrar concerned shall remove the
cancelled application from the book of barangay members in their
respective custody and file in the inactive file.
The registration of members who have since died shall also be cancelled
accordingly.
Section 12. Annulment of registry list. — Any book of
barangay members not prepared in accordance with the provisions of this
decree, or the preparation of which is affected with fraud, forgery,
intimidation, force, or any other similar irregularity may, after due
notice and hearing be annulled by the COMELEC.
Section 13. Penal Provisions. — The following acts
shall be punishable by imprisonment of not less than one month nor more
than six months;chanroblesvirtualawlibrary
(a) Making a false statement as to a material fact in
an application for registration;chanroblesvirtualawlibrary
(b) Maliciously causing delay or obstructing any
applicant from registering or hindering him from taking any of the
steps leading thereto;chanroblesvirtualawlibrary
(c) Placing, inserting or otherwise including, as
approved in the book of barangay members the application or any
fictitious member or any application that has not been approved; or
removing or otherwise taking out of the book of barangay members any
application duly approved, except upon lawful order of a competent
authority;chanroblesvirtualawlibrary
(d) Approving knowingly the application for
registration of a person who does not possess all the qualifications
prescribed by law for members of a barangay; or knowingly disapproving
the application of a person who possesses all such qualifications;chanroblesvirtualawlibrary
(e) Issuing or causing the issuance of a registration
card or a substitute thereof to a member, or cancelling or causing the
cancellation thereof in violation of the provisions of this decree; and
(f) Willful refusal or failure of any person charged
with functions and duties under this decree to perform or discharge any
of said functions and duties.
Section 14. Jurisdiction of Court. — The municipal or
city of court 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 and other appellate courts. chanroblesvirtualawlibrary
Section 15. Prosecution of offenses. — The COMELEC
shall, through its duly authorized legal officers, have the exclusive
power to conduct preliminary investigation of all election offenses
punishable by this Decree and to prosecute the same.
Section 16. Transitory Provisions. — (A) The
registration officers of each barangay shall accomplish in duplicate,
in a form that shall be provided for the purpose, the registration
record of each of the persons registered in their barangay as of the
July 27-28, 1973, referendum. They shall indicate on the proper spaces
therein the name and address of the registered member and such other
personal data which may be available from existing registration
records. For this purpose, the election registrar concerned shall make
available all pertinent records. The accomplished registration form
shall be authenticated with the signature of the barangay head and the
annotation of the manner he was registered. The original copy shall be
included by the barangay head in the book of barangay members; the
duplicate copy shall be sent to the election registrar for inclusion in
the city/municipal municipal district file of registered barangay
members. Any registered member of barangay whose record is not complete
shall furnish, upon being notified to do so, other personal data so
that the same may be entered in his registration form. All proceedings
in connection herewith shall be under the supervision of the election
registrar.
To facilitate the preparation of the forms required in the preceding
paragraph, the election register, after due consultation with the
division supervisor and other heads of offices having jurisdiction, may
deputize as may public school teachers and other government employees
to assist in said preparation as may be necessary.
(B) Barangay members included in the list prepare in
accordance with the preceding sub-section shall be entitled to the
issuance of the corresponding barangay registration card providing in
section 10 of this Decree.
(C) In the case of any person who was a registered
voter in 1971, whose name also appeared in the list of barangay members
who voted in the January 10-15, 1973, referendum, and who also
registered for the July 27-28, 1973, referendum as a transient in
accordance with section 6 of Presidential Decree 210, his registration
as a voter in 1971 shall prevail and all other registrations shall be
cancelled without prejudice to his right to transfer his registration
if he so desires.
Any person with multiple registration as contemplated in the preceding
paragraph shall so notify within sixty days from the date of
effectivity of this decree the election registrar of the city,
municipality or municipal district where he was registered as a voter
in 1971, indicating the other places where he was registered in order
that his registration may be cancelled in accordance herewith. The
election registrar shall immediately, upon receipt of said notice,
notify the barangay head and the election registrar concerned and the
latter shall accordingly cancel the corresponding registration. chanroblesvirtualawlibrary
Any person who registered in two different places for the January 1973
referendum and for the July 27-28, 1973, referendum but who not a
registered voter under the provisions of the Election Code of 1971
shall notify within the period above specified the corresponding to be
cancelled. Said barangay head shall forthwith effect the corresponding
cancellation with notice thereof to the election registrar concerned.
(D) In cities where there were no barrios at the time
city mayors were empowered to appoint barangay chairman and barangay
leaders in accordance with Section 5 of Presidential Decree No. 210,
the following procedure shall be observed in defining the area for each
barangay:cralaw:red
(1) The city council shall divide into barangays the
area within its jurisdiction not otherwise previously included in any
barrio legally established under the Barrio Charter Law, complying as
much as practicable with the criteria provided under the Barrio Charter
Law for the creation of barrios and taking into account the density of
population, the topography and lay-out of streets, buildings, bills,
creeks, rivers and other similar features.
(2) The city council cause the preparation of a map
showing the boundaries of the area of each barangay.
(3) The division into barangays as reflected in the
map referred to in the preceding paragraph shall be approved by the
city council through a resolution in the manner provided by law.
(4) The resolution of the city of council approving
the division referred to herein shall become final upon confirmation by
the Department of Local Government and Community Development.
In the case of the municipal or municipal district poblacions or other
areas therein where there are no barrios, the procedure for the
creation of barrios under the Barrio Charter Law shall be observed in
the establishment of any barangay: Provided, however, That any
poblacion or area that lacks the necessary number of people required
under said law shall be considered as a barangay for purposes of this
Decree.
The officials of any barangay created in accordance with the preceding
paragraph shall be elected at a special election to be called for that
purpose by the Commission on Elections within three months but not
earlier than two months from the time the barangay is created.
Section 17. Supervision of the Commission on
Elections. — The COMELEC shall, in addition to the powers and functions
conferred upon it by the Constitution, have direct supervision and
control in the implementation of this Decree and shall issue such rules
and regulations and prescribe such forms as may needed in
implementation hereof.
Section 18. 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. chanroblesvirtualawlibrary
Section 19. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 8th day of April, in the year of Our Lord, nineteen hundred and
seventy-four.
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