In the Philippines, the Barangay is the primary planning and implementing unit of government policies. Because they are the most accessible level of authority, Barangay Chairpersons, Kagawads, and Tanods (Barangay Police) are held to high standards of public service. When these officials fail to perform their mandated tasks, it constitutes Neglect of Duty.

1. Legal Basis for Accountability

The conduct of Barangay officials is governed primarily by two major laws:

Republic Act No. 7160 (The Local Government Code of 1991): Defines the powers and duties of elective officials and the grounds for disciplinary actions.
Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees): Mandates that public interests must be prioritized over personal interests and requires officials to act with promptness and efficiency.

2. Defining Neglect of Duty

Neglect of duty, often categorized as Gross Neglect or Simple Neglect, occurs when an official fails to give close attention to the performance of required tasks. Common examples include:

Failure to Maintain Peace and Order: Tanods refusing to respond to a disturbance or a crime in progress.
Refusal to Issue Lupon Notices: The Barangay Secretary or Captain failing to act on a filed mediation case (Katarungang Pambarangay).
Absence Without Official Leave: Frequent absence from the Barangay Hall during office hours without valid cause.
Failure to Convene the Barangay Assembly: Not holding the required bi-annual meetings to report on finances and projects.

3. Where to File the Complaint

Depending on the severity and the desired outcome, there are three primary avenues for filing a complaint:

A. The Sangguniang Panlungsod or Bayan

Under Section 61 of the Local Government Code, complaints against elective Barangay officials (Captain and Kagawads) are filed before the Sangguniang Panlungsod (City Council) or Sangguniang Bayan (Municipal Council) of the city or municipality where the barangay is located.

Process: A verified complaint is submitted to the Secretary of the Sanggunian.
Power: The Sanggunian has the power to suspend or remove elective officials after due process.

B. The Office of the Ombudsman

The Ombudsman has jurisdiction over all public officials. You can file a complaint here for administrative or criminal liability.

Administrative: Can lead to suspension or dismissal from service.
Criminal: If the neglect involves corruption or a violation of the Anti-Graft and Corrupt Practices Act.

C. The Department of the Interior and Local Government (DILG)

While the DILG does not usually remove officials directly (that is a quasi-judicial function of the Sanggunian), they exercise general supervision. Filing a grievance through the DILG’s Public Assistance and Complaint Center (PACC) can trigger an investigation or "Show Cause Order" against the official.

4. The Process of Filing a Complaint

Step 1: Gather Evidence

Affidavits alone are often insufficient. Strengthen the case with:

Photos or Videos: Documentation of the official's absence or refusal to act.
Blotter Reports: Proof that you attempted to seek help and were denied.
Witness Statements: Sworn affidavits from other residents who observed the neglect.

Step 2: Draft a Verified Complaint

A "Verified Complaint" is a formal document written under oath. It must include:

Full names and addresses of the complainant and the respondent.
A clear, chronological statement of the facts.
The specific legal provision violated (e.g., Section 60 of R.A. 7160).
A prayer for relief (what you want to happen, such as suspension).

Step 3: Filing and Filing Fees

Submit the complaint to the Secretary of the Sangguniang Panlungsod/Bayan. While some jurisdictions may require a small filing fee, many provide indigent litigants with waivers.

5. Specific Rules for Barangay Tanods

It is important to note that Barangay Tanods are appointive officials, not elective. They serve at the pleasure of the Barangay Chairperson but are subject to the supervision of the Barangay Council.

To Discipline Tanods: Complaints should be filed directly with the Barangay Chairperson.
If the Chairperson Refuses to Act: If the Captain protects a neglectful Tanod, the Captain themselves may be charged with Dereliction of Duty or Abuse of Authority before the Sangguniang Bayan/Panlungsod.

6. Summary Table of Jurisdictions

Offender	Where to File	Primary Law
Barangay Captain	Sangguniang Bayan/Panlungsod	R.A. 7160
Barangay Kagawad	Sangguniang Bayan/Panlungsod	R.A. 7160
Barangay Tanod	Barangay Captain / DILG	Local Ordinance / R.A. 6713
All Officials (Graft)	Office of the Ombudsman	R.A. 3019

7. Important Considerations

Preventing Retaliation: The law provides for "Preventive Suspension" (Section 63, LGC) if the evidence is strong, to prevent the official from using their position to influence witnesses or tamper with records during the investigation.
Exhaustion of Administrative Remedies: Generally, you must follow the hierarchy of authority (Barangay → Municipality/City → DILG/Ombudsman) unless the neglect involves a serious crime.