Overview

In general, a Barangay Councilor (Kagawad) should not be appointed or designated as “Acting Barangay Secretary” while serving an elective term. Even if the arrangement is described as temporary, “acting,” “OIC,” or “concurrent capacity,” it commonly falls within the legal concept of an appointment or designation to a public office/position, which is prohibited for elective officials during their tenure, unless a specific law clearly authorizes the additional role.

That said, real-world barangay operations sometimes require continuity when the barangay secretary is absent, suspended, resigns, or the position is vacant. The lawful solution is usually to appoint a qualified barangay secretary (or a temporary substitute who is not an elective official) following the process in the Local Government Code and applicable civil service rules—rather than “dual-hatting” an elected Kagawad into an appointive barangay post.

1) The Barangay Secretary: What the Law Contemplates

1.1 Nature of the position

Under the Local Government Code of 1991 (Republic Act No. 7160), the Barangay Secretary is an appointive barangay position, not an elective one. The position exists to support barangay governance and record-keeping functions—especially documentation of barangay actions and the maintenance of public records.

1.2 Appointment and concurrence

The Code generally places appointive barangay officials (notably the Barangay Secretary and Barangay Treasurer) under the authority of the Punong Barangay for appointment, typically with concurrence of the Sangguniang Barangay, subject to basic legal qualifications and applicable civil service policies.

1.3 Core functions (why continuity matters)

While the exact internal workflow varies by barangay, the secretary’s role typically includes:

Keeping and safeguarding barangay records, minutes, resolutions, and ordinances
Issuing certifications and maintaining registries
Administrative support to the Punong Barangay and Sangguniang Barangay
Attesting/recording official acts for accountability and transparency

Because these functions are tied to legality and documentation, the “who signs/keeps records” question becomes operationally urgent when the secretary is absent—yet urgency does not remove legal prohibitions.

2) The Kagawad: An Elective Office with Constitutional and Statutory Limits

A Barangay Councilor (Kagawad) holds an elective local office. Elective local officials are subject to restrictions designed to prevent:

Concentration of power
Conflicts of interest
Circumvention of checks and balances
Additional compensation from another government position during the term

Two major legal guardrails usually appear in this issue:

2.1 Constitutional prohibition (appointment/designation during tenure)

Philippine constitutional principles on the civil service include a broad rule: elective officials are generally not eligible for appointment or designation to any public office or position during their tenure, except where the Constitution or a law expressly allows it (commonly in ex officio roles tied to the main office).

2.2 Local Government Code prohibition (parallel statutory rule)

The Local Government Code also contains a statutory prohibition that mirrors the constitutional policy: elective local officials are generally barred from being appointed or designated to another public office/position during their tenure, with narrow exceptions.

The combined effect: even if a barangay-level role seems “small,” it is still a public position, and an “acting” role is still typically a designation.

3) Does “Acting Barangay Secretary” Count as a Prohibited Designation?

3.1 “Acting,” “OIC,” “concurrent,” “temporary” — labels don’t control

In Philippine public law, what matters is the substance:

If the Kagawad is formally named to perform the functions of the barangay secretary;
If barangay records, certifications, or official acts are issued under that authority;
If the designation is memorialized by a barangay issuance, resolution, or appointment paper;

…then it is usually treated as a designation to a public position, which triggers the prohibition.

3.2 Why this is especially sensitive at barangay level

The barangay secretary’s work is closely tied to:

Authenticity of barangay documents
Integrity of minutes and resolutions
Issuance of certifications relied upon by courts, agencies, and the public

Placing the same person who votes as a legislator in the Sangguniang Barangay into the role of custodian/attester/record-keeper can raise not only legal eligibility issues but also governance concerns (records, accountability, internal controls).

4) Common Arguments—and Why They Usually Fail

Argument A: “It’s just acting, not an appointment.”

“Designation” is commonly included in the prohibition. Many “acting” arrangements are precisely designations.

Argument B: “There’s no one else available.”

Operational hardship does not automatically create legal authority. The proper remedy is to follow lawful appointment/substitution routes rather than assign an elective official into an appointive post.

Argument C: “The Kagawad won’t be paid extra.”

Lack of additional compensation reduces one risk (double compensation/disallowance), but it does not cure ineligibility if the core act is still a prohibited designation.

Argument D: “The Sangguniang Barangay approved it.”

Even if the council concurs, an illegal designation remains vulnerable because the issue is eligibility and statutory/constitutional prohibition, not mere local approval.

5) Exceptions: When Could an Elective Official Hold Another Role?

The typical lawful exceptions are narrow and usually involve ex officio functions—meaning a role that attaches to the office by law, not by appointment (e.g., membership in a board “by virtue of” being Punong Barangay).

For a Kagawad to validly serve as barangay secretary, you would generally need:

A clear legal basis (Constitution or statute) expressly allowing it, not just a barangay resolution, and
The arrangement must be structured as a legally recognized exception (often ex officio)

In the absence of a specific law explicitly authorizing a Kagawad to be barangay secretary, the general prohibition controls.

6) Practical, Law-Consistent Alternatives When the Secretary Is Absent or the Post Is Vacant

Option 1: Appoint a qualified Barangay Secretary (proper route)

The cleanest solution is for the Punong Barangay to appoint a qualified person as secretary following the Local Government Code process (including required concurrence where applicable), and consistent with civil service policies.

Who can be appointed? Typically, a non-elective person who meets qualifications (commonly residency/eligibility requirements and any relevant CSC qualification standards if the position is covered).

Option 2: Designate a non-elective barangay worker or administrative aide as interim support

If the barangay has non-elective personnel (e.g., barangay administrative aide), they may be tasked—consistent with their engagement and applicable rules—to help ensure continuity, while a proper appointment is processed.

Option 3: Seek assistance from the city/municipal LGU for records management support (without appointing a Kagawad)

While the barangay is a distinct local government unit, coordination mechanisms exist in practice (especially for training, templates, records systems). Assistance is different from appointing a Kagawad into the secretary position.

Option 4: Clarify internal signing and custody protocols while awaiting appointment

In the interim:

Keep records secured
Document who has custody of logbooks and forms
Ensure certifications are issued only by the properly authorized officer/person under the appropriate basis

This is where barangays should be careful: “temporary custody” of records is different from “designation as acting secretary.”

7) Risks and Consequences of Designating a Kagawad as Acting Secretary

7.1 Validity and vulnerability of documents

Documents may become contested if issued under questionable authority—especially in disputes where a certification, minutes, or barangay action is challenged.

7.2 Administrative exposure for the appointing/designating authority

The Punong Barangay and/or those who implemented the arrangement may face administrative scrutiny for violating prohibitions on appointment/designation.

7.3 Audit issues (allowances, honoraria, benefits)

If any additional compensation, honorarium, or benefits are paid because of the “acting” role, such amounts may be exposed to audit disallowance and return rules, depending on circumstances.

7.4 Governance and conflict-of-interest concerns

Even aside from strict legality, combining “legislator” and “record-keeper/attester” roles weakens internal checks and can invite allegations of record manipulation or irregularity.

8) How to Analyze a Specific Case (Quick Checklist)

A Kagawad is very likely prohibited from serving as acting secretary if any of the following is true:

There is a written designation/appointment naming the Kagawad as Acting/OIC Barangay Secretary
The Kagawad signs documents as Barangay Secretary
The Kagawad performs secretary functions as a continuing role, not merely clerical assistance
The arrangement is meant to last for weeks/months pending appointment
Any compensation/benefit is attached to the “acting” role
There is no specific statute expressly allowing it

If instead the Kagawad merely:

Helps encode, photocopy, or assist clerically without being designated as secretary; and
The proper officer signs/attests documents;

…that is closer to operational assistance than a prohibited designation. Still, barangays should document boundaries carefully to avoid the “in substance” designation problem.

9) Frequently Asked Questions

Q1: “Can a Kagawad temporarily sign barangay certifications as Acting Secretary?”

Generally no, if the signing authority is based on being “Acting Secretary.” That is the heart of the prohibited designation problem.

Q2: “What if the secretary position is vacant and urgent documents must be issued?”

Use the lawful appointment process as quickly as possible and adopt interim controls. If documents must be issued, they should be signed by the properly authorized official under the correct legal basis—without inventing a prohibited designation.

Q3: “If the Kagawad is not paid, is it allowed?”

Non-payment helps avoid compensation issues, but it does not necessarily legalize a prohibited designation.

Q4: “Can the Sangguniang Barangay pass a resolution appointing one of its members as Acting Secretary?”

A resolution cannot override constitutional/statutory prohibitions on eligibility and designation. It may even be evidence of a prohibited act.

Bottom Line

Under Philippine legal policy and the Local Government Code framework, a Barangay Councilor should not be appointed or designated as Acting Barangay Secretary during the councilor’s elective term, because it typically constitutes a prohibited appointment/designation to a public position. The legally safer and more defensible approach is to appoint a qualified non-elective person as barangay secretary (or arrange interim administrative support without designating an elective official into the post), and maintain clear custody and signing protocols while the appointment is processed.

If you want, paste the exact wording of the proposed barangay issuance (or describe who signs what in practice), and I’ll map it against the prohibitions and suggest a cleaner, legally safer structure.