Wednesday, June 22, 2011

HISTORY OF THE BARANGAY PART 2

The American Regime:

The foundations for an adequate local administration were laid in President William McKinley’s Instructions of April 1900 to the 2nd Philippine Commission, which was directed “to devout their attention in the first instance to the establishment of municipal governments in which natives of the islands, both in the cities and rural communities, shall be afforded the opportunity to manage their own local affairs to the fullest extent of which they are capable, and subject to the least degree of supervision and control which a careful study of their capacities and observation of the working native control show to be consistent with the maintenance of law, order, and loyalty. Pursuant to this directive, the 2nd Philippine Commission forwarded a report which was enacted into law on January 31, 1901 by virtue of Act No. 82, otherwise known as the Municipal Code. Soon after, on September 1, 1901 Governor General Howard Taft organized the Department of Interior to oversee the affairs of the local government units.

The system of barrio representation was subsequently incorporated in the Administrative Code of 1916 (Public Act 2657) and the Revised Administrative Code of 1917 (P.A. 2711) through the approval of Governor Francis Burton Harrison. The assignment of barrios and districts to Municipal Councilors were provided and the duties of the Barrio Lieutenant were defined. The revised Administrative Code also granted discretionary legislative power to the Municipal Councils to insure the life of all Barrio Lieutenants against accidents, murders or assault, for a sum not exceeding P1,000.00.

The first significant legislation by the Philippine Congress concerning barrio administration is Senate Bill No. 372 which became Republic Act 1245 which provided for the election of Barrio Lieutenants and Vice-Barrio Lieutenants by qualified residents of the barrio.

On September 9, 1955, Republic Act No. 1408 was enacted by the Philippine Congress, the barrio council became the smallest unit of government and greater powers and responsibilities were granted to it. On January 6, 1956, Executive Order No. 156 was issued by President Ramon Magsaysay creating the Office of the Presidential Assistant on Community Development (PACD). Under this Executive Order, the Presidential Assistant is mandated to act for and in behalf of the President in all matters pertaining to community development.

Rural Councils, the forerunner of the present Sangguniang Barangay, were first constituted on November 13, 1931 under the administration of Gov. Dwight Davies by virtue of Act 3861 of the Philippine Legislature which provided for the organization of a Council composed of a Barrio Lieutenant and such number of Vice-Barrio Lieutenants as there were sitios to assist the former in the discharge of his duties.

Republic Act 3590, otherwise known as the “Revised Barrio Charter” was signed into law by Pres. Diosdado Macapagal on June 22, 1963. This legislation amends R.A. 2370 and expands the scope of barrio power. Membership in the Council is increased to include a Barrio Captain and six Councilmen.

Other laws affecting barrio governance were enacted between 1966 and 1970 – Republic Act 4709 (June 18,1966) R.A. 4898 (June 17, 1067), R.A. 5185 (September 12, 1967), R.A. 5676 (August 13, 1969), R.A. 6054 (August 4, 1969) and R.A. 6128 (June 17, 1970).

Immediately after the declaration of Martial Law on September 21, 1972, General Order No. 3 of the President was issued, ordaining “all barrios throughout the land to continue to function under the present officers and employees in accordance with existing laws. Letter of Implementation No. 7 dated November 1972 was later issued creating the Department of Local Government and Community Development (DLGCD) to implement the Integrated Reorganization Plan of the government under Presidential Decree No. 1. There were no less than 20 decrees promulgated by President Ferdinand E. Marcos affecting barrio governance after Proclamation 1081.

The last Barangay election held before 1081 was on January 1972, by virtue of Commission on Elections Resolution 1069 promulgated on December 14, 1971. This election was followed after a lapse of ten years, when Parliamentary Bill 2125 was filed at the Batasan Pambansa calling for the suffrage. The bill was enacted into law on March 23, 1982 and approved by the President on March 25, 1982 as Batas Pambansa 222, otherwise known as the “Election Act of 1982. Term of office was increased from 4 years to six years. Election Day was set on May 17, 1982 and the term of office of Barangay Officials commenced on June 7, 1982.

On April 9, 1981, Letter of Instruction 134 was issued to define the functions and establish staffing patterns and compensation scheme, of the National Barangay Operations Office. The Administration Code of 1987 incorporated the functions of the NBOO in Section 16 Chapter 4, Title XII thereof.

Under the New Local Government Code, the name Pambansang Katipunan ng Mga Barangay is changed to Liga ng Mga Barangay and this is organized for the primary purpose of determining the representation of the liga in the sanggunian and for ventilating, articulating and crystallizing issues affecting barangay administration and securing through proper and legal means, solution thereto.

The Declaration of Principles and State Policies of the framers of 1987 Constitution chosen by President Corazon C. Aquino, provides that “the state shall ensure the autonomy of the local governments”. Another section states that “the territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities and barangays. This provision also appeared in the 1973 Constitution except for the last word wherein the word “barrios” was used. Section 3 of Article X mandates the enactment of the Local Government Code which shall “provide for a more progressive and accountable government structure, instituted through a system of decentralization, with effective mechanism of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials and all other matters relating to the organizations and operation of the local units. The New Philippine Constitution was ratified on February 2, 1987. After two years of the ratification, the Local Government Code of 1991 or R.A. 7160 was signed into law by President Corazon C. Aquino on October 10, 1991. Later, on June of the same year, the Katarungang Pambarangay Rules implementing Chapter 7 of the Local Government Code was issued by the Department of Justice.

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