Section 1.
This Act shall be known as the "Barrio Charter Act."
ARTICLE I
General Provisions
Sec. 2. Definition and general powers of barrios.
— Barrios are units of municipalities or municipal districts in which
they are situated. They are quasi-municipal corporations endowed with
such powers as are herein provided for the performance of particular
government functions, to be exercised by and through their respective
barrio governments in conformity with law.cralaw
It shall be competent for them in their proper corporate name to sue
and sued, to contract and be contracted with and to acquire and hold
real and personal property for purposes herein specified, and generally
to exercise the powers herein or otherwise conferred upon them by
law.
ARTICLE II
Organization of Barrios
Sec. 3. The creation of new barrios. — All barrios
existing at the time of the passage of this Act shall come under the
provisions hereof.cralaw
Upon petition of a majority of the voters in the areas affected, a new
barrio may be created or the name of an existing one may be changed by
the provincial board of the province, upon recommendation of the
council of the municipality or municipalities in which the proposed
barrio is situated. The recommendation of the municipal council shall
be embodied in a resolution approved by at least two-thirds of the
entire membership of the said council: Provided, however, That no new
barrio may be created if its population is less than five hundred
persons.cralaw
Barrios shall not be created or their boundaries altered nor their
names changed except under the provisions of this Act or by Act of
Congress.cralaw
Boundary disputes between barrios within the same municipalities shall
be heard and decided by the municipal council, subject to appeal within
thirty days from receipt of notice of the decision by the barrio
council concerned to the corresponding provincial board, whose decision
shall be final.
Boundary disputes between barrios belongings to different
municipalities shall be treated as boundary disputes between
municipalities under existing provisions of law.cralaw
All property rights of the barrios whose boundaries are altered shall
be vested in the barrio in which the property is situated after the
alteration has been made.cralaw
Sec. 4. The barrio assembly. — The barrio
assembly shall consist of all persons who are qualified electors, who
are duly registered in the list of barrio assembly members kept by the
secretary thereof, and have been residents of the barrio for at least
six months.cralaw
The barrio assembly shall meet at least once a year to hear the annual
report of the barrio council concerning the activities and finances of
the barrio.cralaw
It shall meet also when members of the barrio council are to be elected
and/or at the call of the barrio council or upon written petition of at
least one-fifth of the members of the barrio assembly.cralaw
For the purpose of conducting business and taking any official action
in the barrio assembly, it is necessary for a quorum, which shall
consist of at least one-third of the members of the barrio assembly, to
be present. All actions involving the raising of taxes, payment of
compensation and solicitation of voluntary contributions shall be by a
two-thirds vote of those present at the meeting there being a quorum.
All other actions may be by a majority vote of those present at the
meeting there being a quorum.cralaw
No meeting of the barrio assembly shall take place unless notice is
given one week prior to the meeting except in matters involving public
safety or security in which case notice within a reasonable time shall
be sufficient. The barrio lieutenant shall act as presiding officer at
all meetings of the barrio assembly. The barrio council secretary shall
be the secretary of the barrio assembly; and, in his absence or
inability, the assistant barrio council discharge the duties of
secretary of the barrio assembly: Provided, That the barrio lieutenant
may designate a temporary barrio assembly secretary before the
elections and qualification of a permanent barrio council secretary and
assistant secretary.
Sec. 5. Powers of the barrio assembly.-The powers
of the barrio assembly shall be as follows:
(a) to elect members of the barrio council; act upon
their resignation, if presented, and fill vacancies therein by election;
(b) to provide for reasonable compensation of barrio
council members when authorized by two-thirds vote of the barrio
assembly;
(c) to adopt measures for the raising of funds for
the barrio by taxation and by voluntary contributions;
(d) to adopt measures for the good of the barrio;
(e) to decide on measures submitted to it in
accordance with law; and
(f) to enter into contracts for and in behalf of the
barrio and to authorize the barrio council so to do.
Sec. 6. The barrio council. — In each barrio there
shall be organized a barrio council which shall have as members the
following:
(a) a barrio lieutenant;
(b) a barrio treasurer;
(c) four council members;
(d) vice barrio lieutenants, in such number as there
are sitios in the barrios; or where there are no sitios, one vice
barrio lieutenant for every two hundred inhabitants of the barrio:
Provided, That no person shall be elected vice barrio lieutenant unless
he is a resident of the sitio he shall represent.cralaw
Sec. 7. Election of the barrio council. — The
barrio lieutenant, the barrio treasurer, the vice barrio lieutenants,
and the four council members shall be elected at a meeting of the
barrio assembly.cralaw
The election shall be held on the second Sunday of January of
even-numbered years: Provided, That if the meeting is not held on the
second Sunday of January, it may be held on any day thereafter within
the month of January to be determined by the barrio council. The
meeting shall be called by the barrio lieutenant who shall preside over
the meeting. The Assembly shall elect a board of three election
tellers, one of whom shall be a school teacher who shall act as the
chairman, to conduct the election and count the votes.cralaw
All members of the barrio assembly as defined in section four shall
have the right to vote at such elections. Voting shall be by secret
ballot: Provided, That open voting may be allowed if two-thirds votes
of the qualified voters present in the meeting shall so decide. No
votes may be cast by proxy.
Those who obtain the highest number of votes for the position for which
they are candidates shall be declared elected by the election tellers
and shall assume office immediately by taking the oath of office before
any person authorized to administer oaths. In case of a tie, the same
shall be decided by drawing lots and the winner shall be proclaimed.cralaw
All disputes as to procedure before the balloting shall be decided by
the board of election tellers.cralaw
All disputes over barrio elections shall be brought before the justice
of the peace court of the municipality concerned; in the determination
and decision thereof, the court shall follow as closely as possible the
procedure prescribed for inferior courts in Rule 4, Rules of Court. The
decision of the justice of the peace court shall be appealable pursuant
to the Rules of Court to the court of first instance whose decision
shall be final on questions of fact.cralaw
The members of the barrio council shall hold office for two years from
the time of their election and qualification or until their successors
are duly elected and qualified. In no use shall a member of the council
be elected to the same position for more than three consecutive terms,
but after two years shall have elapsed from the expiration of his last
term he shall again be eligible for election to the same position.cralaw
Sec. 8. Qualifications for election to the barrio
council. — Candidates for election to the barrio council:
(a) Must be a qualified elector and must have been a
resident of the barrio for at least six months prior to the election;
and
(b) Must no have been convicted of a crime involving
moral turpitude or of a crime which carries a penalty of at least one
year's imprisonment.cralaw
Sec. 9. The municipal mayor shall exercise the
power of supervision over barrio officials. He shall receive and
investigate complaints made under oath against barrio officers for
neglect of duty, oppression, corruption or other form of misconduct in
office, and conviction by final judgment of any crime involving moral
turpitude. For minor delinquency, he may reprimand the offender; and if
a more severe punishment seems to be desirable, he shall submit written
charges touching the matter to the municipal council, furnishing a copy
of such charges to the respondent either personally or by registered
mail. The municipal mayor may in such case suspend the officer pending
action by the council, if in his opinion the charge be one affecting
the official integrity of the officer in question, but in no case shall
the period of suspension exceed thirty days. Where suspension is thus
effected the written charges against the officer shall be filed within
five days with the municipal council, which shall adopt the procedure
specified in sections twenty-one hundred eighty-nine to twenty-one
hundred ninety of the Revised Administrative Code.cralaw
The decision of the council shall be appealable within ten days from
notice thereof to the provincial board, whose decision shall be final.cralaw
ARTICLE III
Powers, Rights and Duties
Section 10. Rights and duties of members of the
barrio council. — The barrio lieutenant, or in his absence or
inability, the vice barrio lieutenant designated by the barrio council,
shall discharge the following duties:
(a) To look after the maintenance of public order in
the barrio and to assist the municipal councilor in the performance of
his duties in such barrio;
(b) To preside over the meetings of the barrio
assembly and the barrio council;
(c) To organize a fire brigade;
(d) To organize and lead an emergency group whenever
the same may be necessary for the maintenance of peace ad order within
the barrio;
(e) To approve vouchers relating to the disbursement
of barrio funds;
(f) To attend conventions of barrio lieutenants; and
(g) To enforce all laws and ordinances which are
operative within the barrio and to sign and enter into contracts with
the approval of the barrio council.cralaw
The vice barrio lieutenants shall be peace officers and as such shall
take charge of the maintenance of public order in their respective
sitios.cralaw
The council members shall attend the meetings of the barrio council and
cooperate with the barrio lieutenant and vice barrio lieutenants in the
discharge of their duties.cralaw
Section 11. Rights and privileges of incumbent barrio
lieutenants. — In addition to the rights and privileges now granted by
existing laws to barrio lieutenants, they shall, if they have served
their constituents properly, as shown by a resolution of the barrio
council, other qualifications being equal:
(a) Have preference in appointments in and to any
government office, agency, or instrumentality or in and to any
government-owned or controlled corporation; and
(b) Have preference to purchase public lands and
government-owned or managed agricultural farms or subdivisions, to
obtain homesteads, concessions and franchise, and other privileges for
the exploitation of the natural resources which are permissible and
made available by existing laws.cralaw
An incumbent barrio lieutenant who is permanently incapacitated from
work owing to sickness, disease or injury incurred in line of duty
shall receive the necessary hospitalization and medical care from
government hospitals free of charge.cralaw
Incumbent barrio lieutenants having children attending public
elementary and intermediate schools shall be exempted from paying the
corresponding tuition fees.cralaw
Section 12. Powers and duties of the barrio council.
— The barrio council shall have the power to promulgate barrio
ordinances not inconsistent with law or municipal ordinances.cralaw
All barrio ordinances shall be submitted within fifteen days after
their approval to the municipal council. Barrio ordinances shall take
effect thirty days after their approval, unless the municipal council
finds that such ordinances are no in accordance with law, in which
case, they shall be returned to the barrio council for adjustment,
amendment or repeal. In case of disagreement between the barrio council
and the municipal council the dispute shall be referred to the
provincial fiscal for final action.
Any violation of barrio ordinances duly promulgated shall be punished
by a fine of not more than one hundred pesos or imprisonment of not
more than fifteen days, or both such fine and imprisonment, in the
discretion of the court.
The barrio council shall have the following powers, duties and
responsibilities:
(a) To construct and/or maintain within its
boundaries the following public works: barrio roads, bridges, viaducts
and sidewalks, playgrounds and parks, school buildings; water supply,
drainage, irrigation, sewerage, and public toilet facilities, and other
public works and facilities, and for this purpose, to exercise the
power of eminent domain with the approval of the municipal council;
(b) To undertake cooperative enterprises that will
improve the economic condition and well-being of the barrio residents.
Such enterprises may include stores for the sale or purchase of
commodities and/or produce, warehouse, activities relating to
agricultural and livestock production and marketing, fishing, and home
and barrio industries, and other activities which may promote the
welfare of the barrio inhabitants;
(c) To accept in all or any of the foregoing public
works and cooperative enterprises such cooperation as is made available
by municipal, provincial and national governmental agencies established
by law to render financial, technical and advisory assistance to
barrios and to barrio residents: Provided, however, That in accepting
such cooperation, the barrio council may not pledge sums of money for
expenditure in excess of amounts currently in the barrio treasury or
encumbered for other purposes;
(d) To initiate and submit to the barrio assembly
community programs of economic and social benefit to the inhabitants of
the barrio;
(e) To employ or contribute to the expenses of
employing community development workers under terms of agreement made
with the Office of the Presidential Assistant on Community Development
or with any other bureau or agency of the government;
(f) To submit to the municipal council such
suggestions or recommendations as it may see fit for the improvement of
its barrio and/or for the welfare of the inhabitants thereof;
(g) To provide for the publication by town crier or
such other means as they see fit, of laws, ordinances and/or matters of
public interest;
(h) To hold benefits in their respective barrios
without having to secure permits from the Social Welfare
Administration. The proceeds from such benefits shall be tax-exempt and
shall go to the barrio general fund, unless previously set aside for a
specific purpose;
(i) To organize at least twice a month such lectures,
programs and/or community assemblies as may serve to educate and
enlighten the people on moral, civic, political, educational and other
matters of public interest.cralaw
(j) To regulate the use of cement, palay or copra
driers (patios), or similar project constructed with government funds
for public service within the jurisdiction of the barrio and to charge
reasonable fees for such use;
(k) To exercise any powers necessary to carry out the
foregoing provisions;
(l) To organize annually as soon after the barrio
council shall have been elected and qualified, committees composed of
men and women of high moral standing and integrity in the barrio to
take care of the problem of juvenile delinquency, if the same exists,
by providing spiritual help and guidance to the juvenile delinquents
and by helping them secure wholesome occupations and entertainment in
the barrios or elsewhere; and
(m) To appropriate barrio funds to implement the
decisions of the barrio assembly and for purposes herein specified.cralaw
Section 13. Procedure in barrio councils. — The
barrio lieutenant shall be the presiding officer of the barrio council.
In his absence or inability, the vice barrio lieutenant designated by
the barrio council shall act as presiding officer.cralaw
Regular meetings of the barrio council shall be held at least once a
month at the call of the barrio lieutenant. Special meetings may also
be called by him and by any three members of the barrio council at any
time.cralaw
In order to transact business, the barrio council must constitute a
quorum of a majority of its members. All ordinances and resolutions
must be approved by a majority vote of those present.cralaw
At the first meeting of the newly elected barrio council, the barrio
lieutenant, with the approval of the majority of the council, shall
name the chairman and members of the standing and special committees to
study and report from time to time on various problems that come before
the barrio council.
The barrio council may hold its sessions in the barrio hall or public
school building of the barrio during hours when there are no classes,
or in any hose or lot in the barrio the provisional or permanent use of
which may be granted for said purpose free of charge.cralaw
The barrio council shall elect from among its members a secretary and
an assistant secretary. It shall be the duty of the secretary to keep
simple minutes of the meetings of both the barrio assembly and the
barrio council during his term of office, to keep a list of all
qualified barrio assembly members, and be responsible for the custody
of all barrio council and barrio assembly records. The assistant
secretary shall perform such duties as may be assigned by the barrio
council and upon designation by the barrio council shall act as
secretary in case of absence or inability of the latter.cralaw
Section 14. Taxing powers of the barrio council and
the barrio assembly. — The barrio council with the approval of a
two-thirds vote of the barrio assembly as provided in section four
hereof, may raise, levy, collect and/or accept monies and other
contributions from the following sources:
(a) Voluntary contributions annually from each male
or female resident twenty-one years of age or over;
(b) License on stores, signs, signboards, and
billboards displayed or maintained in any place exposed to public view
except those displayed at the place or places where profession or
business advertised thereby is in whole or in part conducted;
(c) A tax on gamecocks owned by residents of the
barrio and on the cockfights conducted therein: Provided, That nothing
herein shall authorize the barrio council to permit cockfights.cralaw
(d) Monies, materials and voluntary labor for
specific public works and cooperative enterprises of the barrio raised
from resident, landholders, producers and merchants of the barrio;
(e) Monies from grants-in-aid, subsidies,
contributions and revenues made available to barrios from municipal,
provincial or national funds;
(f) Monies from private agencies and individuals;
(g) An additional percentage, not exceeding
one-fourth of one per cent of the assessed valuation of the property
within the barrio, collected by the municipal treasurer along with the
tax on real property levied for municipal purposes by the municipality
and deposited in the name of the barrio with the municipal treasurer:
Provided, That no tax or license fee imposed by a barrio council shall
exceed fifty per centum of a similar tax or fee levied, assessed or
imposed by the municipal council.cralaw
Section 15. Share in real estate taxes. — Ten per
cent of all real estate taxes collected within the barrio shall accrue
to the barrio general fund, which sum shall be deducted in equal
amounts from the respective shares of the province and municipality:
Provided, That the municipal treasurer may designate the barrio
lieutenant and/or the barrio treasurer as his deputy to collect the
said taxes.cralaw
Section 16. Financial Procedure. — All ordinances for
raising barrio funds through taxes and voluntary contributions may be
initiated in the barrio council, and submitted to the barrio assembly.
Such ordinances may also originate in the barrio assembly which may
approve the same finally without further action by the barrio
council.
The barrio treasurer shall collect all taxes existing (except real
property), fees and contributions due the barrio treasury for which he
shall issue official receipts. The treasurer, who shall be bonded in
any amount to be fixed by the barrio council not exceeding ten thousand
pesos, shall be the custodian of the barrio funds and property and
shall deposit all collections with the municipal treasurer within a
period of one week after receipt of such fees and contributions. He
shall disburse the same in accordance with resolutions of the council,
upon vouchers signed by the payee and approved by the barrio
lieutenant, and subject to the availability of funds in the barrio
treasury, and to all existing applicable auditing rules and regulations.cralaw
The barrio council may provide for necessary travel expenses for the
barrio lieutenant or any member of the council on official business.cralaw
The financial records of the barrio council shall be kept in a
simplified manner as prescribed by the municipal treasurer who shall
annually audit such accounts and make a report of the audit to the
barrio council and to the municipal council.cralaw
Section 17. Extent of applicability. — The above
provisions shall be made applicable to all barrios within the
jurisdiction or chartered cities.cralaw
Section 18. Repealing clause.-All existing
legislations or regulations relating to barrio government in conflict
or inconsistent with the provisions of this Act are hereby repealed.cralaw
Section 19. Effectivity of the Act. — This Act shall
take effect January first, nineteen hundred and sixty.cralaw
Approved: June 20, 1959
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