IX. THE BARANGGAY

1. The Baranggay is recognized as the smallest autonomous government unit in the country and intended to be non-partisan. Its government shall consist of the head of the baranggay and the baranggay council. The scope of its powers, duties and responsibilities, and terms of office shall be defined by the state charter, federal law or this Constitution.

2.1. The Head of the baranggay can be duly elected by the people (cabeza) or headed by a non-elected individual (datu, sultan, rajah, apo, ninuno) whose succession and scope of power is determined by historic tradition and by law.

This Constitution recognizes the traditional position held by datus, sultans, apos, and the like.

2.2. Multiple baranggays may choose to recognize only one traditional head, and if this is the case, the Head may appoint a Baranggay-Deputy (deputado de baranggay) per constituent baranggay to act on his stead in matters concerning promulgation of law and duties.

2.3. A Baranggay-Deputy cannot hold office in the Sanguniang-Bayan.

Only elected individuals can be members of the Sanguniang-Bayan, and since a Baranggay-Deputy is appointed, he can not be a member.

3. The Baranggay Council shall consist of nine to twelve members, depending on the population of the constituent, duly elected by the people and headed by the Baranggay Chairman (Baranggay Captain) who is elected among themselves. And if the council wishes, also elect among themselves positions such as Baranggay Secretary (kalihim), Baranggay Treasurer (ingat-yaman), Baranggay Ombudsman (tanod-bayan), and other positions amicable for efficient governance. The council shall be responsible for the day to day governance of the baranggay. The presence of a Cabeza de Baranggay or Deputado de Baranggay is not needed in the day to day governance of a baranggay or on the creation of ordinances.

Wouldn’t this mean that there would be 2 chiefs in a baranggay, a Baranggay Chaiman and a Cabeza or Deputado? No. A Cabeza or Deputato is only titular. They should only show their influence through initiation in the creation local ordinances. The Baranggay Council holds governance. In essence, a Deputado de Baranggay is an emissary from a titular head.

Wouldn’t a Cabeza be a sinecure position? Read the notes on section 5.

4. The council upon the recommendation of the head of the baranggay, appoint among themselves a delegate to the Sangguniang-Bayan.

For the sake of debate, wouldn’t a datu through his influence with the deputados who would in turn influence the baranggay council be able to appoint a delegate to the Sangguniang-Bayan? And if this prevails in more than one baranggay, wouldn’t the datu then have power over a Sanguniang-Bayan? Yes, he would, hence vigilance is needed. But we should remember that the baranggay council is elected by the people and shouldn’t let themselves be influenced by vested interest other than their constituents.

5. The elected head of the baranggay (cabeza) and the council, sitting en banc, under the auspices of a federal or state law, shall have quasi-judicial powers to resolve disputes among neighbors to maintain a peaceful and decorous community.

Note that the non-elected baranggay deputy is not part of this provision.

6. The tradition of having a Baranggay Tanod (Baranggay Police) is considered by this Constitution in agreement with the design of an empowered community, however, its exercise should not infringe on the statute of THE national or state police, military, and similar authorities to maintain peace and order, and laws governing bearing of arms. Its creation and accompanying duties and responsibilities, scope of power, and termination shall be instituted by a local ordinance or state law.

7. Though this Constitution recognizes in high regard the role of its youth in nation-building, the statute of having a Sangguniang-Kabataan (Baranggay Youth Council) is not considered as an absolute necessity in the day to day governance of a baranggay. Nonetheless, through state law or local ordinance, a state, town or city may favor its existence, and provide such to its constituency.

Much has been reported that the budget of Sangguniang-Kabatan has been source of graft and corruption; hence this Constitution gives provisional abolition, and let it to the local government.

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