Can a Barangay Councilor Simultaneously Serve as Barangay Secretary Under Philippine Law?

Overview (Short Answer)

As a general rule, an elected Barangay Councilor (Sangguniang Barangay Member) should not simultaneously serve as Barangay Secretary during the councilor’s tenure, whether by appointment or designation, because doing so typically runs into (1) the constitutional ban on appointing/designating an elective official to another public office or position during tenure, and (2) doctrines on incompatibility of offices and conflict of interest, especially given the Barangay Secretary’s role and the Sangguniang Barangay’s oversight and concurrence functions.

In practice, some barangays “double-hat” an official due to staffing constraints, but that arrangement is legally risky—particularly if it involves formal appointment/designation, additional compensation, or the councilor participating in the body’s concurrence in their own appointment.

1) Legal Framework: Where the Barangay Councilor and Barangay Secretary Fit

A. The Barangay as a Local Government Unit

Under the Local Government Code of 1991 (Republic Act No. 7160), the barangay is the basic political unit. It has:

Elective officials: Punong Barangay, seven (7) Sangguniang Barangay Members (Barangay Councilors), and the SK Chairperson (as an ex officio member of the Sangguniang Barangay).
Appointive/barangay functionaries: commonly including the Barangay Secretary and Barangay Treasurer, among others (depending on organization and needs).

B. The Barangay Councilor (Sangguniang Barangay Member)

A Barangay Councilor is a local elective official. The councilor’s core role is legislative: participating in the sanggunian’s deliberations, ordinances, resolutions, appropriations, and oversight mechanisms the law assigns to the sanggunian.

C. The Barangay Secretary

The Barangay Secretary is typically an appointive position in the barangay government. Under the Local Government Code framework, the Barangay Secretary:

Is generally appointed by the Punong Barangay, commonly with concurrence of the Sangguniang Barangay (this concurrence mechanism matters a lot for conflict-of-interest analysis).
Serves as the custodian of records and supports administrative functions, such as minutes, certifications, records management, and other clerical/secretarial duties necessary for barangay operations.

2) The Key Legal Barrier: The Constitutional Ban on Appointment/Designation of Elective Officials

A. Constitutional Rule (Core Principle)

The 1987 Constitution (Article IX-B, Civil Service Commission provisions) contains a well-known prohibition:

No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.

This rule is aimed at preventing:

Expansion of power through multiple government posts,
Political favoritism or self-serving appointments,
Conflicts of interest and divided loyalties.

B. Why It Applies to “Barangay Secretary”

Even if the Barangay Secretary position is local and sometimes treated informally, it is generally understood as a public office/position in the barangay government—with official functions, responsibilities, and often compensation/honoraria and accountability.

C. “Designation” Is Included

Crucially, the constitutional text covers not only appointment but also designation—which means that even if the barangay tries to avoid the word “appoint” and uses “designate,” the prohibition is still implicated when the elective official is made to occupy another public position during tenure.

Practical takeaway: If a Barangay Councilor is formally appointed or designated as Barangay Secretary while still serving as councilor, that arrangement is typically prohibited.

3) Incompatibility of Offices and Conflict-of-Interest Problems

Even setting aside the constitutional ban, “dual-hatting” creates structural legal problems.

A. Potential Incompatibility

The Barangay Secretary is an administrative functionary, while the Barangay Councilor is part of the legislative body that:

Acts on barangay measures,
Exercises internal rules,
Often participates in confirmations/concurrences (depending on the appointment structure),
Provides oversight and policy direction through the sanggunian.

Combining roles blurs separation of functions and may undermine accountability.

B. Self-Concurrence / Self-Approval

If the law requires Sangguniang Barangay concurrence for the appointment of the Barangay Secretary, and the appointee is a councilor, that councilor is put in a position to:

Participate in deliberations on their own appointment, or
Benefit from the sanggunian’s action where they are part of the deciding body.

Even if the councilor inhibits/abstains, the situation remains legally vulnerable because the system is designed to avoid such conflicts.

C. Additional Compensation and COA/Accountability Risks

If a councilor is paid as secretary (salary/honorarium/allowances), audit issues commonly arise:

Double compensation concerns,
Disallowances (depending on audit interpretation and the nature of payments),
Possible administrative exposure for approving or receiving unauthorized compensation.

4) Common Real-World Scenarios—and How the Law Treats Them

Scenario 1: “We have no staff—can we appoint/designate a councilor as secretary?”

Legally risky and generally not allowed during the councilor’s tenure because of the constitutional ban on appointment/designation of elective officials to another public position.

Scenario 2: “What if the councilor just helps take minutes, but we don’t issue an appointment?”

A councilor may perform incidental clerical tasks as part of internal sanggunian work (e.g., assisting in documentation) without being installed as Barangay Secretary. But two cautions:

Do not create an official paper trail calling it an “appointment” or “designation” as Barangay Secretary.
Do not pay additional compensation as “secretary” if it effectively treats the councilor as holding another position.

This is more a matter of practical administration than a clean legal solution; the safer approach is still to appoint a qualified non-elected person.

Scenario 3: “What if the councilor resigns first?”

If the councilor resigns (or otherwise vacates the elective post), the constitutional restriction tied to being an elective official during tenure no longer applies in the same way. After resignation and proper vacancy processes, the former councilor may be considered for appointment—subject to qualifications and any applicable civil service, local, or audit rules.

Scenario 4: “What if the Barangay Secretary is unpaid?”

Even without pay, the constitutional ban speaks to appointment or designation to any public office or position, not merely paid posts. Unpaid status reduces some audit exposure but doesn’t cure the core constitutional issue.

Scenario 5: “What about temporary acting capacity?”

If the arrangement is effectively a designation (even “acting”), the constitutional rule is still implicated. A true stopgap should instead be handled by:

Having an existing qualified barangay staff member temporarily cover administrative tasks within their role, or
Promptly appointing a qualified Barangay Secretary following the legal process.

5) Effects and Consequences if a Councilor Is Made Barangay Secretary Anyway

A. Vulnerability of the Appointment/Designation

The appointment/designation can be challenged as void or unlawful due to constitutional prohibition and conflict-of-interest concerns.

B. Administrative and Audit Exposure

Possible consequences include:

Disallowance of compensation paid as secretary,
Administrative liability for officials who approved or implemented the arrangement,
Questions about the validity of official certifications, records, and minutes if the person’s authority is questioned (though government acts are sometimes protected under the doctrine of de facto officers to avoid disruption—this is fact-sensitive and not something to rely on).

C. Governance/Operational Risks

Internal disputes,
Barangay record integrity issues,
Delays in transactions requiring secretary certifications.

6) Best Practice: How to Staff the Barangay Secretary Position Properly

A. Follow the Appointment Mechanism

Use the Local Government Code-consistent process:

Punong Barangay appoints,
Sangguniang Barangay concurrence if required/observed in your LGU practice,
Ensure qualifications, documentation, and clear scope of duties.

B. Appoint a Qualified Non-Elected Resident

Typically, the safest appointee is a qualified resident who is not an elected official, and who can reliably serve as records custodian.

C. Keep Documentation Clean and Audit-Ready

Appointment papers, duties, compensation basis, and appropriations should be properly recorded.
Ensure compensation/honoraria align with lawful appropriations and local issuances.

D. If Staffing Is Extremely Limited

Instead of appointing a councilor, consider:

Hiring/appointing a qualified barangay functionary under the barangay’s administrative authority and budget,
Coordinating with the municipal/city local government for guidance on staffing and records management support.

7) Bottom Line

A Barangay Councilor generally cannot simultaneously serve as Barangay Secretary during the councilor’s term, especially through any formal appointment or designation, because it conflicts with the constitutional prohibition on appointing/designating elective officials to another public position during their tenure and raises significant incompatibility and conflict-of-interest concerns.

If your barangay is currently doing this, the safest corrective path is usually:

End the appointment/designation,
Regularize the Barangay Secretary appointment with a non-elected qualified person, and
Review any compensation paid to avoid audit complications.

This article is for general legal information in the Philippine context and is not a substitute for advice tailored to specific facts. For a definitive position on a particular barangay’s situation, consult a lawyer or request a formal opinion from the appropriate government office with jurisdiction over local government administration and civil service concerns.