Authority of a Barangay Kagawad to Sign a Certificate of Indigency
A comprehensive guide for practitioners and public officials in the Philippines
1. Context and Importance of the Certificate of Indigency
A Barangay Certificate of Indigency (sometimes called a Certificate of Low Income) is a simple, one-page sworn statement issued by a barangay that a resident is economically disadvantaged. National agencies, LGUs, public hospitals, PhilHealth, CHED, TESDA, the courts (for pauper litigants), and many private scholarship foundations all rely on this piece of paper to trigger fee waivers or benefits. Therefore, questions about who may validly sign the certificate are not merely bureaucratic—they can determine whether an applicant’s dialysis session, tuition grant, or bail application will proceed.
2. Legal Framework Governing Barangay Officials
| Provision | Core Rule Relevant to Certificates |
|---|---|
| Local Government Code (LGC) of 1991 – R.A. 7160 | The barangay is a local government unit (LGU) with a punong barangay (PB), seven kagawad, a barangay secretary and treasurer. |
| § 444(a) | Vests executive, administrative & “general supervision” functions in the PB. |
| § 444(b)(1)(x), (xv) | PB “issues certificates**” and may “delegate in writing” any function to a barangay official, except those the Code expressly makes non-delegable. |
| § 445 | The highest-ranking kagawad becomes Acting Punong Barangay when the PB is temporarily incapacitated, away, or suspended, ex officio exercising “powers and duties of the punong barangay.” |
| § 446 | If the PB office becomes vacant, the highest-ranking kagawad becomes Punong Barangay for the unexpired term. |
| § 394 | The Barangay Secretary “issues and keeps records of all barangay certificates.” |
DILG Memorandum Circulars have reiterated these rules (e.g., MC No. 2013-121; MC No. 2019-72) and clarified that any official who signs must do so “by authority of” the PB, except where succession or acting capacity applies.
3. Default Signatory: The Punong Barangay
- Primary competence. Because § 444 makes the PB the chief executive, the default presumption in agencies’ checklists is that the PB’s signature evidences the barangay’s official action.
- Attestation role of the Secretary. Most barangays use a two-signature format: the PB signs “Issued this ___ day…,” and the Secretary attests that the applicant is a bona-fide resident and the entry appears in the logbook (§ 394).
- Seal & Documentary Stamp. The PB also controls use of the barangay dry-seal and collection/remittance of the ₱30 documentary-stamp tax (DST) under BIR Rev. Reg. No. 13-2008.
4. When May a Kagawad Sign?
| Scenario | Legal Basis | Practical Requirements |
|---|---|---|
| A. Acting Punong Barangay (temporary) | LGC § 445 | PB is on official leave, illness, suspension, or outside territorial jurisdiction. Record the assumption in a barangay order or entry in the minutes. |
| B. Succession (permanent vacancy) | LGC § 446 | Highest-ranking kagawad becomes PB for the remainder of the term; from that point on he signs as the PB—not as kagawad. |
| C. Delegation by Written Authority | LGC § 444(b)(1)(xv) | PB issues a written order or SB resolution authorising a named kagawad (often the Committee on Social Services Chair) to sign specified certificates for a defined period or purpose. The order must be posted in the barangay hall and recorded. |
| D. Emergency / Absence and 24-hour rule (practice-based) | DILG MCs encourage, but LGC silent | To avoid delay where no PB or Secretary is available, a kagawad may sign provisional certificates if so authorised in advance by resolution, subject to ratification at the next SB session. |
Key take-away: A kagawad’s signature is valid only when he is (1) the acting or succeeding PB or (2) expressly authorised in writing by the punong barangay or Sangguniang Barangay (SB). Absent these, the certificate is voidable and the issuing official may face administrative liability.
5. Eligibility and Due-Diligence Duties of the Signatory
Regardless of who signs, the official must comply with:
- Residency Verification. Confirm six-month actual residence (§ 393 LGC) or longer if stricter period is fixed by local ordinance.
- Income Threshold. Some LGUs adopt the PSA poverty threshold or DSWD Listahanan. The signatory must keep documentary proof (payslips, sworn statements).
- Logbook Entry & Serial Numbering. § 394 requires the Secretary to maintain a registry; kagawad-signatories must coordinate to avoid “ghost” certificates.
- Data-Privacy Compliance. Indigency data are “personal information”; ensure consent language or privacy notice under the Data Privacy Act of 2012 (R.A. 10173).
- Documentary Stamp Tax. Collect the ₱30 DST unless exempt (e.g., for PhilHealth Konsulta enrolment, per BIR Opinion 2020-172).
6. Liability for Improper Issuance
| Possible Violation | Governing Law | Penalty Range |
|---|---|---|
| Falsification or untruthful statements | Revised Penal Code Arts. 171–172 | 1–6 years & dismissal |
| Unwarranted benefit / preferential accommodation | Anti-Graft Law (R.A. 3019 § 3[e]) | 6–15 years, perpetual disqualification |
| Administrative neglect or abuse of authority | LGC § 60; Civil Service Commission rules | Suspension to dismissal |
| Violation of DILG MCs | § 521 LGC invokes DILG oversight | Reprimand to suspension |
7. Best-Practice Checklist for Barangays
Adopt an SB Ordinance specifying:
- income ceilings or Listahanan reliance;
- which committee/kagawad handles social-welfare documentation;
- delegation mechanics (template authority letter).
Use tamper-proof security paper or serialized barcodes to deter forgery.
Train barangay staff on DST remittance and DPA compliance.
Post a flowchart at the barangay hall detailing steps and documentary requirements.
Digitize the logbook; integrate with DSWD’s Community-Based Monitoring System where available.
8. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can any kagawad sign “in the PB’s absence” without written authority? | No. Acting PB status must be recorded or delegation must be explicit. |
| Must the kagawad attach the PB’s written authority to every certificate? | Not required by law, but many LGUs staple a photocopy to avoid rejection by agencies. |
| Is the barangay secretary’s signature alone ever enough? | Technically no—the LGC assigns “issuance” to the PB (or delegated official). Some hospitals accept it, but it remains irregular. |
| Does the kagawad pay the DST out-of-pocket? | No. The applicant pays; the issuing barangay remits monthly to the BIR. |
| What if two kagawads issue competing certificates? | The later one may be void; the DILG field office can investigate for administrative misconduct. |
9. Conclusion
A kagawad in the Philippines can validly sign a Certificate of Indigency only in three tightly-defined circumstances: succession, acting capacity, or properly documented delegation. Anything outside these creates legal exposure for the official and uncertainty for the beneficiary. Barangays that codify clear delegation rules, keep meticulous logs, and align with national poverty-assessment instruments not only protect themselves from liability but also speed up life-saving social-protection interventions for their poorest constituents.
Disclaimer: This article synthesises statutory provisions (particularly R.A. 7160) and DILG issuances as of 15 July 2025. It is intended for general guidance and does not constitute formal legal advice. For specific cases, consult the DILG field office or competent counsel.