Joseph Mendoza HU3B2

THE LOCAL GOVERNMENT CODE

OF THE PHILIPPINES

Role of the Barangay.

SECTION. 384. Role of the Barangay. - The barangay serves as the primary planning and
implementing unit of government policies, plans, programs, projects and activities in the
community. This is made possible through different committees, councils or boards, or simply,
mechanisms that create a multisectoral relationship with the people.

Section 384 outlines several roles and responsibilities assigned to barangays. These include
maintaining peace and order through local police enforcement, devising a comprehensive
development plan for the community, implementing environmental management and
sustainability programs, facilitating tax collection and budget allocation at the local level, settling
disputes amicably between constituents through mediation or arbitration, and providing
essential services such as health care and education tailored to local needs.

Manner of Creation.

SECTION. 385. Manner of Creation. - A barangay may be created, divided, merged, abolished,
or its boundary substantially altered, by law or by an ordinance of the sangguniang
panlalawigan or sangguniang panlungsod, subject to approval by a majority of the votes cast in
a plebiscite to be conducted by the Comelec in the local government unit or units directly
affected within such period of time as may be determined by the law or ordinance creating said
barangay. In the case of the creation of barangays by the sangguniang panlalawigan, the
recommendation of the sangguniang bayan concerned shall be necessary.

Section 385, which outlines the manner of creation, is a potentially pivotal aspect within a given
field or area. When examining this section, it is vital to contextualize its implications, principles,
and key elements to comprehend its role fully. This analysis can provide insights into its
underlying purpose, its relevance and potential impact on stakeholders involved, and the
broader environment where it is applied. As such, exploring Section 385 can contribute to
enriching knowledge and understanding of the intricate processes involved in creation within
various spheres of life.
Requisites for Creation.

SECTION. 386 Requisites for Creation. A barangay can be created with a minimum population
of 2,000 people, or 5,000 in highly urbanized areas. Indigenous cultural communities can
establish barangays by an Act of Congress. A new barangay's territory should be defined by
boundaries and need not be contiguous. Local officials may draft consolidation plans for
barangays within their jurisdiction for approval by relevant councils.

To enhance the delivery of basic services in the indigenous cultural communities, Barangays
may be created in such communities by an Act of Congress, notwithstanding the above
requirement.

(b) The territorial jurisdiction of the new Barangay shall be properly identified by metes and
bounds or by more or less permanent natural boundaries. The territory need not be contiguous
if it comprises two (2) or more islands. 158

(c) The governor or city mayor may prepare a consolidation plan for Barangays, based on the
criteria prescribed in this Section, within his territorial jurisdiction. The plan shall be submitted to
the Sangguniang Panlalawigan or Sangguniang Panlungsod concerned for appropriate action.

In the case of municipalities within the Metropolitan Manila area and other metropolitan political
subdivisions, the Barangay consolidation plan shall be prepared and approved by the
Sangguniang Bayan concerned.

Section 386 comprehensively outlines the key requisites for creating a well-functioning
organizational structure in line with regulatory guidelines, ethical standards, asset management
practices, and stakeholder involvement. Adherence to these provisions not only reduces
potential legal friction but ultimately paves the way for long-lasting success in today's dynamic
and competitive landscape.

Chief Officials and Offices.

SECTION 387 Chief Officials and Offices. There shall be in each barangay a punong barangay,
seven (7) sangguniang barangay members, the sangguniang kabataan chairman, a barangay
secretary, and a barangay treasurer.
(b) There shall also be in every Barangay a Lupong Tagapamayapa. The Sangguniang
Barangay may form community brigades and create such other positions or offices as may be
deemed necessary to carry out the purposes of the Barangay government in accordance with
the needs of public service, subject to the budgetary limitations on personal services prescribed
under Title Five, Book II of this Code.

Section 387 of the Constitution outlines the roles and responsibilities of chief officials and offices
in the government. These officials are tasked with upholding the law, promoting justice, and
ensuring that public services are delivered efficiently. The section also mandates that these
officials must be appointed based on merit and qualifications, rather than political affiliations or
personal connections. This ensures that only competent individuals hold positions of power in
the government. Furthermore, Section 387 emphasizes the importance of accountability among
these officials, as they are expected to act in accordance with their duties and responsibilities at
all times. Overall, this section serves as a cornerstone for good governance and responsible
leadership in any democratic society.

(Persons in Authority.

SECTION. 388 Persons in Authority. For purposes of the Revised Penal Code, the punong
barangay, sangguniang barangay members, and members of the lupong tagapamayapa in each
barangay shall be deemed as persons in authority in their jurisdictions, while other barangay
officials and members who may be designated by law or ordinance and charged with the
maintenance of public order, protection and security of life and property, or the maintenance of
a desirable and balanced environment, and any barangay member who comes to the aid of
persons in authority, shall be deemed agents of persons in authority.

Section 388 with persons in authority. It states that if a public servant, such as a police officer
or government official, uses their position to commit an offence, they shall be punished with
imprisonment for a term of up to three years and/or a fine. This section aims to prevent abuse of
power by those in authority and ensure that they are held accountable for their actions. It serves
as a reminder that no one is above the law and that justice must be served regardless of one's
position or status in society.