Powers and Functions of Barangay
Powers and Functions of Barangay
-and as a forum wherein the collective views of the people may be expressed,
crystallized and considered, and where disputes may be amicably settled. (Section
384, LGC)
-genuine and meaningful local autonomy to enable them to attain their fullest
development as self-reliant communities and make them more effective partners in
the attainment of national goals.
Governmental Powers In General
Every Barangay shall exercise the powers expressly granted, those necessarily
implied as well as powers necessary, appropriate, or incidental for its efficient and
effective governance, and those which are essential to the promotion of the general
welfare. Within their respective territorial jurisdictions, barangays shall ensure and
support, among other things, the preservation and enrichment of culture, promote
health and safety, enhance the right of the people to a balance ecology, encourage
and support the development of appropriate and self-reliant scientific and
technological capabilities, improve public morals, enhance economic prosperity
and social justice, promote full employment among their residents, maintain peace
and order, and preserve the comfort and convenience of their inhabitants.
Nature of Police Power (General Welfare clause)
By its nature and scope, police power embraces the power to prescribe regulations
to promote health, morals, education, good order, safety, or the general welfare of
the people; an inherent and plenary power of the state which enables it to prohibit
all things hurtful to the comfort, safety and welfare of society; the power to
promote the general welfare and public interest; the power to enact laws in relation
to persons and property as may promote public health, public morals, public safety
and general welfare of each inhabitant.
Corporate Powers of the Barangay
Every local government unit as a corporation, have the following powers:
To have continuous succession in its corporate name;
To sue and be sued;
To have and use a corporate seal;
To acquire and convey real or personal property;
To enter into contracts; and
To exercise such other powers as are granted to corporations, subject to the
limitations provided in the Local Government Code and other laws.
Discharge Functions of National Agencies
Barangays shall endeavor to be self-reliant and shall continue exercising the
powers and discharging the duties and functions currently vested upon them. They
shall also discharge the functions and responsibilities of national agencies and
offices devolved to them pursuant to the Local Government Code. Barangays shall
likewise exercise such other powers and discharge such other functions and
responsibilities as are necessary, appropriate, or incidental to efficient and effective
provision of the basic services and facilities.
Sangguniang Barangay
(a) The sangguniang barangay, as the legislative body of the barangay, shall:
(1) 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;
(2) Enact tax revenue ordinances, subject to the limitations imposed in this Code;
(3) Enact annual and supplemental budgets in accordance with the provisions of
this Code;
(4) 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;
(5) Submit to the sangguniang panlungsod or sangguniang bayan such suggestions
or recommendations as it may see fit for the improvement of the barangay or for
the welfare of the inhabitants thereof;
(6) Assist in the establishment, organization, and promotion of cooperative
enterprises that will improve the economic condition and well-being of the
residents;
(7) 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;
(8) Solicit or accept monies, materials and voluntary labor for specific public
works and cooperative enterprises of the barangay from residents, land owners,
producers and merchants in the barangay; monies from 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;
(9) Solicit or accept, in any or all the foregoing public works and cooperative
enterprises, such cooperation as is made available by national, provincial, city, or
municipal agencies established by law to render financial, technical, and advisory
assistance to barangays and to barangay residents: Provided, however, That in
soliciting or accepting such cooperation, the sangguniang barangay need not
pledge any sum of money for expenditure in excess of amounts currently in the
barangay treasury or encumbered for other purposes;
(10) Provide compensation, reasonable allowances or per diems as well as travel
expenses for sangguniang barangay members and other barangay officials, subject
to the budgetary limitations prescribed under Title Five, Book II of this Code:
Provided, however, That no increase in the compensation or honoraria of the
sangguniang barangay members shall take effect until after the expiration of the
full term of all members of the sangguniang barangay approving such increase;
(11) Hold fund-raising activities for barangay projects without the need of securing
permits from any national or local office or agency. The proceeds from such
activities shall be tax-exempt and shall accrue to the general fund of the barangay:
Provided, That in the appropriation thereof, the specific purpose for which such
fund-raising activity has been held shall be first satisfied: Provided, further, That
no fund-raising activities shall be held within a period of sixty (60) days
immediately preceding and after a national or local election, recall, referendum, or
plebiscite: Provided, finally, That said fund-raising activities shall comply with
national policy standards and regulations on morals, health, and safety of the
persons participating therein. The sangguniang barangay, through the punong
barangay, shall render a public accounting of the funds raised at the completion of
the project for which the fund-raising activity was undertaken;
(12) Authorize the punong barangay to enter into contracts in behalf of the
barangay, subject to the provisions of this Code;
(13) 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;
(14) Prescribe fines in amounts not exceeding One thousand pesos (P1,000.00) for
violation of barangay ordinances;
(15) Provide for the administrative needs of the lupong tagapamayapa and the
pangkat ng tagapagkasundo;
(16) Provide for the organization of community brigades, barangay tanod, or
community service units as may be necessary;
(17) 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;
(18) Adopt measures to prevent and control the proliferation of squatters and
mendicants in the barangay;
(19) 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;
(20) Adopt measures towards the prevention and eradication of drug abuse, child
abuse, and juvenile delinquency;
(21) Initiate the establishment of a barangay high school, whenever feasible, in
accordance with law;
(22) Provide for the establishment of a non-formal education center in the
barangay whenever feasible, in coordination with the Department of Education,
Culture and Sports;
(23) Provide for the delivery of basic services; and
(24) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.
Section 392. Other Duties of Sangguniang Barangay Members. - In addition to
their duties as members of the sangguniang barangay, sangguniang barangay
members may:
(a) Assist the punong barangay in the discharge of his duties and functions;
(b) Act as peace officers in the maintenance of public order and safety; and
(c) Perform such other duties and functions as the punong barangay may delegate.