In the Philippine legal hierarchy, the Barangay serves as the primary planning and implementing unit of government policies and programs. While it is the smallest political subdivision, its legislative arm—the Sangguniang Barangay (Barangay Council)—possesses distinct, albeit delegated, police power to regulate conduct within its jurisdiction to promote the general welfare.
Legal Basis of Legislative Power
The authority of the Sangguniang Barangay to enact ordinances against public harassment is rooted in Republic Act No. 7160, otherwise known as the Local Government Code (LGC) of 1991.
- The General Welfare Clause (Section 16): This is the bedrock of local legislative power. It mandates that every local government unit (LGU) shall exercise powers necessary for the promotion of health and safety, the maintenance of peace and order, and the preservation of the comfort and convenience of their inhabitants.
- Specific Powers (Section 391): The LGC explicitly empowers the Sangguniang Barangay to "enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein." This includes the regulation of the use of public places and the prevention of unruly behavior.
Scope and Limitations
While the Barangay Council has the power to pass ordinances against harassment (such as catcalling, persistent following, or public disturbances), this power is not absolute and must adhere to specific legal standards:
| Requirement | Description |
|---|---|
| Consistency with National Law | An ordinance must not contravene the Constitution or any existing national statute. For instance, a Barangay ordinance cannot provide lighter or heavier penalties than what is prescribed by the Safe Spaces Act (RA 11313) for the same act. |
| Territoriality | The ordinance is only enforceable within the specific boundaries of the Barangay. |
| Review by the Sangguniang Panlungsod/Bayan | Under Section 57 of the LGC, all Barangay ordinances must be submitted to the City or Municipal Council within ten days of enactment to ensure they are within the scope of the Barangay's powers. |
Penalties and Enforcement
Barangay Councils are limited in the "teeth" they can give their ordinances. Under Section 391 (a)(1) of the LGC, the Sangguniang Barangay may only prescribe fines for violations of their ordinances in amounts not exceeding One Thousand Pesos (₱1,000.00).
They cannot impose imprisonment as a penalty; only the City or Municipal Councils have the authority to enact ordinances carrying a penalty of imprisonment. However, the Barangay can mandate community service or attendance at seminars as part of the restorative justice framework.
Intersection with the Safe Spaces Act (RA 11313)
The enactment of the Safe Spaces Act (Bawal Bastos Law) significantly bolstered the framework for addressing public harassment. While the law is national in scope, it explicitly recognizes the role of LGUs:
- Local Implementation: LGUs are encouraged to pass local ordinances that internalize the provisions of RA 11313.
- Barangay Human Rights Action Center (BHRAC): These centers often serve as the first point of contact for victims of gender-based streets and public spaces sexual harassment.
- Apprehension: Barangay Tanods (Peacekeeping Officers) are recognized as enforcement agents who can apprehend perpetrators caught in flagrante delicto (in the act) for violations defined under the law and local ordinances.
The Role of Katarungang Pambarangay
Public harassment cases often fall under the Katarungang Pambarangay (Barangay Justice System). Before a criminal complaint can be filed in court for "Light Coercion" or "Unjust Vexation" (if the harassment fits those definitions), the parties must generally undergo mandatory mediation or conciliation before the Punong Barangay or the Pangkat ng Tagapagkasundo, unless the offense carries a maximum penalty of imprisonment exceeding one year or a fine exceeding ₱5,000.
Key Takeaway: The Sangguniang Barangay is the first line of defense against public harassment. While their penal powers are capped at a ₱1,000 fine, their ordinances are vital for defining community standards and providing a localized mechanism for reporting and immediate intervention.