Book III - Title One - Chapter 4

Sec. 390. Composition. - The Sangguniang Barangay, the legislative body of the Barangay, shall be composed of the Punong Barangay as presiding officer, and the seven (7) regular Sangguniang Barangay members elected at large and Sangguniang Kabataan chairman, as members.

Sec. 391. Powers, Duties, and Functions. - 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 and 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 under- taken;


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.

Sec. 392. Other Duties of Sangguniang Barangay Members. - In addition to their duties as members of the Sangguniang Barangay, Sangguniang Barangay members may:

1. Assist the Punong Barangay in the discharge of his duties and functions;


2. Act as peace officers in the maintenance of public order and safety; and


3. Perform such other duties and functions as the Punong Barangay may delegate.

Sec. 393. Benefits of Barangay Officials. -

1. Barangay officials, including Barangay tanods and members of the Lupong Tagapamayapa, shall receive honoraria, allowances, and such other emoluments as may be authorized by law or Barangay, municipal or city ordinance in accordance with the provisions of this Code, but in no case shall it be less than One thousand pesos (P=1,000.00) per month for the Punong Barangay and Six hundred pesos (P=600.00) per month for the Sangguniang Barangay members, Barangay treasurer, and Barangay secretary: Provided, however, That the annual appropriations for personal services shall be subject to the budgetary limitations prescribed under Title Five, Book II of this Code;


2. The Punong Barangay, the Sangguniang Barangay members, the Barangay treasurer, and the Barangay secretary shall also:


1. Be entitled to Christmas bonus of at least One thousand pesos (P=1,000.00) each, the funds for which shall be taken from the general fund of the Barangay or from such other funds appropriated by the national government for the purpose;


2. Be entitled, during their incumbency, to insurance coverage which shall include, but shall not be limited to temporary and permanent disability, double indemnity, accident insurance, death and burial benefits, in accordance with Republic Act Numbered Sixty-nine hundred forty-two (R.A. No. 6942), entitled "An Act Increasing the Insurance Benefits of Local Government Officials and Providing Funds Therefor";


3. Be entitled to free medical care including subsistence, medicines, and medical attendance in any government hospital or institution: Provided, That such hospital care shall include surgery or surgical expenses, medicines, X-rays, laboratory fees, and other hospital expenses;



     In case of extreme urgency where there is no available government hospital or institution, the Barangay official concerned may submit himself for immediate medical attendance to the nearest private clinic, hospital or institution and the expenses not exceeding Five thousand pesos (P=5,000.00) that may be incurred therein shall be chargeable against the funds of the Barangay concerned;

4. Be exempted during their incumbency from paying tuition and matriculation fees for their legitimate dependent children attending state colleges or universities. He may likewise avail of such educational benefits in a state college or university located within the province or city to which the Barangay belongs; and


5. Be entitled to appropriate civil service eligibility on the basis of the number of years of service to the Barangay, pursuant to the rules and regulations issued by the Civil Service Commission.


3. Elective Barangay officials shall have preference in appointments to any government position or in any government-owned or -controlled corporations, including their subsidiaries, after their tenure of office, subject to the requisite qualifications and the provisions of the immediately preceding paragraph.


4. All duly appointed members of the Barangay tanod brigades, or their equivalent, which shall number not more than twenty (20) in each Barangay, shall be granted insurance or other benefits during their incumbency, chargeable to the Barangay or the city or municipal government to which the Barangay belongs.