S. No. 292 H. No. 5112 / 84 OG No. 19, 2575 (May 9, 1988)

[ REPUBLIC ACT NO. 6653, May 06, 1988 ]

AN ACT TO POSTPONE THE MAY 9, 1988 BARANGAY ELECTIONS TO THE SECOND MONDAY OF NOVEMBER THIS YEAR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. The elections of barangay officials set on the second Monday of May this year, as provided by law, is hereby postponed and reset to the second Monday of November this year and the subsequent barangay elections to be held every five (5) years thereafter.

SEC. 2. The term of office of barangay officials shall be for five (5) years from the first day of January following their election: Provided, however, That no kagawad shall serve for more than two (2) successive terms.

SEC. 3. The Omnibus Election Code shall as far as practicable apply to barangay elections. The Commission on Elections shall promulgate such necessary resolutions, rules and regulations to implement the provisions of this Act.

SEC. 4. All elected incumbent barangay officials shall remain in office, unless sooner removed for cause, until their successors shall have been elected and qualified. Designated or appointed incumbent barangay officials shall be subject to a performance audit to determine their fitness to continue in office to be conducted by the Secretary of Local Government. For this purpose, the Secretary of Local Government may solicit the assistance of other government agencies and civic organizations.

Vacancies created by resignation or removal of barangay officials shall be filled by incumbent kagawads with due recognition of their order of succession: Provided, however, That in default thereof, the Secretary of Local Government shall appoint officers-in-charge taking into consideration the integrity, competence and probity of the appointee: Provided, further, That no person shall be appointed as a barangay official unless he is an actual voting resident of the barangay to which he will be appointed.

SEC. 5. There shall be a Sangguniang Barangay in every duly constituted barangay which shall be composed of seven (7) kagawads to be elected by the barangay electorate, The seven barangay kagawads shall, on the first day of their term of office by a majority vote of all the members of the Sangguniang Barangay, elect from among themselves the Punong Barangay who shall ipso facto be its presiding officer.

In the event of failure of electing a Punong Barangay after two ballotings, the election shall be by mere plurality of votes.

SEC. 6. The Punong Barangay may be recalled for loss of confidence by an absolute majority vote of the Sangguniang Barangay embodied in a resolution which shall necessarily include his successor, likewise elected by an absolute majority vote of the Sangguniang Barangay: Provided, That the Punong Barangay recalled shall continue to retain and assume his position as kagawad: Provided, further, That no recall shall take place within the period of one (1) year immediately following his election as Punong Barangay and one (1) year immediately preceding the next barangay election.

SEC. 7. All laws, decrees, executive orders, orders or resolutions or any part thereof which may be inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 8. This Act shall take effect upon its approval.

Approved,

(Sgd.) RAMON V. MITRA(Sgd.) JOVITO R. SALONGASpeaker of the House of RepresentativesPresident of the Senate
This Act which originated in the Senate was finally passed by both the Senate and the House of Representatives on May 5, 1988.

(Sgd.) QUIRINO D. ABAD SANTOS, JR.(Sgd.) EDWIN P. ACOBA
Secretary of the House of RepresentativesActing Secretary of the Senate
Approved: May 6, 1988

(Sgd.) CORAZON C. AQUINO

President of the Philippines

Source: Supreme Court E-Library