sect REPUBLIC OF THE PHILIPPINES NGF 0a DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ‘A. Francisco Gold Condominium II Edsa Cor Mapagmatal St. Diliman, Quezon City IOFFICE OF THE SECRETARY| September 18, 2002 MEMORANDUM CIRCULAR NO. 2002 - 150 TO : ALL REGIONAL DIRECTORS, PROVINCIAL DIRECTORS, CITY DIRECTORS, MUNICIPAL LOCAL GOVERNMENT OPERATIONS OFFICERS, CITY/MUNICIPAL MAYORS, PUNONG BARANGAYS, SANGGUNIANG BARANGAY MEMBERS, AND OTHERS CONCERNED SUBJECT : GUIDELINES ON THE APPOINTMENT OF BARANGAY SECRETARIES, TREASURERS AND OTHER APPOINTIVE BARANGAY OFFICIALS In view of the influx of numerous requests for opinion on certain issues and concerns relative to the appointment of barangay secretaries, treasurers and other barangay appointive officials, and in line with the general supervisory authority of the DILG over Local Government Units, as delegated unto the Secretary under Administrative Order No. 267 dated 18 February 1992 of the Office of the President, these GUIDELINES are hereby issued to clarify the appointment of barangay secretaries, treasurers, and other appointive barangay officials. ARTICLE 1 QUALIFICATIONS AND PROCESS OF APPOINTMENT SECTION 1. Barangay Secretary- Pursuant to Section 394 of RA 7160, otherwise known as the Local Government Code, the barangay secretary shall be appointed by the punong barangay with the concurrence of the majority of all the sangguniang barangay members. The appointment of the barangay secretary shall not be subject to attestation by the Civil Service Commission. The barangay secretary shall be of legal age, a qualified voter and an actual resident of the barangay concerned. No person shall be appointed barangay secretary if he is a sangguniang barangay member, a government employee, or a relative of the punong barangay within the fourth civil degree of consanguinity or affinity. SEC. 2. Barangay Treasurer. Pursuant to Section 395 of RA 7160, otherwise known as the Local Government Code, the barangay treasurer shall be appointed by the punong barangay with the concurrence of the yE2e majority of all the sangguniang barangay members. The appointment of the barangay treasurer shall not be subject to attestation by the Civil Service Commission. The barangay treasurer shall be of legal age, a qualified voter and an actual resident of the barangay concerned. No person shall be appointed barangay treasurer if he is a sangguniang barangay member, a government employee, or a relative of the punong barangay within the fourth civil degree of consanguinity or affinity. SEC. 3. Other Appointive Barangay Officials. The punong barangay shall, upon approval by a majority of all the members of the sanggu barangay, appoint or replace other appointive barangay officials. ARTICLE NATURE OF APPOINTMENT SECTION 1. The appointment of barangay secretary, barangay treasurer and other barangay appointive officials are, by their nature, co- terminous with the appointing authority (CSC Opinion dated 28 July 1998, addressed to then Director Almario M. de los Santos, Legal Service, DILG). SEC. 2. The term of office of barangay elective officials elected in the 15 July 2002 barangay elections commenced on 15 August 2002 per Section 4 of RA 9164 (Synchronized Barangay and SK Elections). In that regard, the previous and present terms of office of Punong Barangays are separate and distinct from each other, such that upon the expiration of the terms of office of the Punong Barangays elected in the 1997 Barangay Elections on midnight of 14 August 2002, the terms of office of barangay secretaries and barangay treasurers likewise expired. Accordingly, reappointment of incumbent barangay secretary and barangay treasurer or an appointment of a new barangay secretary and barangay treasurer is necessary, which shall be done in accordance with the Process provided for under Sections 394 and 395 of the Local Government Code, respectively. SEC. 3. In the requirement of Sangguniang Barangay concurrence, the Sangguniang Barangay shall simply determine whether or not the appointee of the Punong Barangay possesses all the qualifications, which are: (a) must be of legal age; (b) must be a qualified voter; and (c] must be an actual resident of the barangay concerned, and none of the disqualifications, such as: (a) if he/she is a sangguniang barangay member: (b) if he/she is a government employee; and (c) if he/she is a relative of the Punong barangay within the fourth civil degree of consanguinity or affinity, or he/she is suffering from some other legal impediments. When the appointee possesses all the qualifications and none of the disqualifications, any withholding of concurrence by the Sangguniang AY3" Barangay shall be considered whimsical, arbitrary and unjustifiable, and would thus be tantamount to abuse of authority. SEC. 4. Pending compliance with the condition of concurrence, the appointee, in the exigency of public service, shall be allowed to discharge and perform the powers, duties and responsibilities pertaining to the office and they shall be considered to be holding a temporary appointment. SEC. 5. Pursuant to Section 5 of RA 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees”, the Sangguniang Barangay shall act on the appointment within fifteen (15) working days from receipt of the appointment as submitted by the Punong Barangay. ARTICLE I REMOVAL SECTION 1. The removal of barangay secretary and barangay treasurer shall require the concurrence of the majority of all the Sangguniang Barangay members (Alquizola vs. Ocol, G.R. No. 132413, 27 August 1999). However, the barangay secretary and barangay treasurer may also be removed for cause in accordance with the pertinent Civil Service law, rules and regulations. In such case, concurrence of the majority of all the Sangguniang Barangay members is not anymore required. SEC. 2. The Punong Barangay shall, upon approval by a majority of all the Sangguniang Barangay Members, replace other appointive barangay officials (Sec. 389 [b] [5], Local Government Code). Said barangay officials may also be removed for cause in accordance with the Civil Service law, rules and regulations. For the guidance of all concerned. sn Secretary pA b Attested by: mM. . AGRIPINO G. MOR Undersecretary for Administration Assistant