Procedure for Drafting and Passing a Barangay Resolution in the Philippines
A comprehensive legal guide under R.A. 7160 (Local Government Code) and related issuances
1. Legal Framework
| Source | Key Provisions |
|---|---|
| Constitution, Art. II §25 & Art. X | Upholds local autonomy and the power of local legislative bodies. |
| R.A. 7160 (Local Government Code of 1991) | • Secs. 384–397: Composition & powers of the Sangguniang Barangay (SB) • Sec. 48: Distinction between ordinances and resolutions • Secs. 50–55, 57: Quorum, voting, veto, review, and publication rules (made applicable mutatis mutandis to barangays) |
| DILG Memorandum Circulars (e.g., 2010-141, 2020-155, 2023-039) | Prescribe uniform forms, numbering systems, archival rules, and posting requirements. |
| Barangay Internal Rules of Procedure (IRP) | Each SB adopts IRP (Sec. 50) that flesh out reading schedules, committee structures, decorum, etc. |
Definition ― A barangay resolution is an expression of the sentiment, opinion, policy, or simple decision of the SB on matters within its administrative domain. It is not a law of general and permanent application (that would be an ordinance), so it usually does not need executive approval beyond the barangay level unless it falls under the reviewable categories listed in Sec. 152 (appropriation, land reclassification, or imposition of certain fees).
2. Drafting the Resolution
Conceptualization & Sponsorship
- Any kagawad, the SK chairperson, or an accredited People’s Organization (via a member) may propose.
- Draft should contain: Heading, Title, “Whereas” clauses (factual and legal premises), “Resolved” clause(s) (dispositive portion), Effectivity/Disposition clause, and Attestation.
Form & Style (per DILG M.C. 2010-141)
- Arial 12 pt, single-space, one-inch margins.
- Consecutively number resolutions: “Barangay Resolution No. 2025-05” (fifth for 2025).
- Use plain language; cite statutory bases when appropriate.
Supporting Documents
- Maps, budgets, committee reports, minutes of consultations, or written consents.
3. Legislative Process inside the Sangguniang Barangay
| Stage | What Happens | Tips / Time Limits |
|---|---|---|
| Filing & First Reading | Secretary reads only the title; the chair (Punong Barangay) refers it to the proper committee. | Must be recorded in the Duly Received Agenda Book. |
| Committee Consideration | Public hearings, stakeholder consultations, technical vetting. | At least three (3) days’ notice for hearings unless urgent. |
| Committee Report | Returned with favorable, unfavorable, or substituted version. | Attach a matrix of comments. |
| Second Reading | Presentation, open floor debate, amendments in seriatim or by omnibus. | Quorum = majority of SB members (Sec. 52). |
| Third (Final) Reading | Secretary reads the clean text; no amendments allowed. Voting follows. | Majority vote of all members present & voting; tie broken by Punong Barangay (Sec. 49). |
| Engrossment & Attestation | Secretary stamps: “ENGROSSED COPY”, signs, and notes the roll-call vote. | Provide copies to each member within 24 hours. |
| Action of the Punong Barangay | - Signs: immediately effective - Vetoes (rare for resolutions): must state written objections within 10 days; SB may override by 2⁄3 of all members. |
Absence of action within 10 days ⇒ deemed approved (Sec. 54, by analogy). |
4. Post-Enactment Requirements
Transmittal for Review Only resolutions with regulatory effect or budgetary implications must be forwarded to the Sangguniang Panlungsod/Bayan within 10 days (Sec. 152).
- City/Municipal SB has 30 days to declare it valid or invalid; silence = presumed valid.
Publication / Posting
- Post the full text in three conspicuous places within the barangay and at the city/municipal bulletin board for at least three consecutive weeks (Sec. 59 applied by analogy).
- If appropriating funds or affecting the public at large, publication in a local newspaper of general circulation is recommended for transparency.
Recording & Archiving
- Enter in the Resolutions Book, Minutes Book, and Ordinance/Resolution Index Card.
- Keep signed original in a fire-safe filing system for at least 10 years (DILG M.C. 2020-155).
5. Differences: Resolution vs Ordinance
| Aspect | Resolution | Ordinance |
|---|---|---|
| Nature | Expression of opinion/decision; internal or specific. | Local law creating rights/obligations. |
| Publication | Required only if regulatory or appropriation-related. | Always required. |
| Penalties | None (unless incorporated by reference to an ordinance). | May impose fines ≤ ₱1,000 or imprisonment ≤ 6 months (Sec. 447(d)). |
| Executive Veto | Generally not vetoed; but if vetoed, override possible. | Veto power expressly provided (Sec. 54). |
6. Common Categories of Barangay Resolutions
- Administrative/Policy – e.g., adopting Internal Rules of Procedure; expressing thanks or condolences.
- Appropriation / Budgetary – endorsing the Annual Investment Plan; authorizing supplemental budgets.
- Inter-Governmental – authorizing the Punong Barangay to enter into an MOU with an NGO or LGU.
- Land-Use / Project Endorsement – favorably endorsing a tricycle route, cell-tower siting, or subdivision plan (subject to higher-level approval).
- Special Permits – allowing fiestas, benefit dances, or community fairs.
7. Practical Tips & Best Practices
| Pitfall | How to Avoid |
|---|---|
| Vague “Whereas” clauses | Cite specific dates, facts, and statutory bases (e.g., “pursuant to Sec. 389(b)(1), R.A. 7160”). |
| Missing quorum during voting | Keep a roll-call sheet attached to the minutes. |
| Late submission for review | Maintain a Legislative Calendar with automated reminders or DILG’s BPLS tracker. |
| Poor archiving | Use DILG-prescribed color-coded binders and digitize for cloud backup. |
8. Checklist for Barangay Secretaries
- Check draft format, numbering, and completeness.
- Record filing and calendar for first reading.
- Issue notices and prepare committee logistics.
- Ensure quorum and record votes per member.
- Secure signatures of Secretary and Punong Barangay (or note date of lapse).
- Transmit copies to City/Municipal SB within 10 days if required.
- Post in barangay and municipal boards for 3 weeks.
- Archive signed original and furnish certified copies on request.
9. Conclusion
The barangay resolution is a nimble legislative instrument that enables the Sangguniang Barangay to respond quickly to community needs, articulate collective sentiments, and implement projects without the heavier formalities of an ordinance. Mastery of the step-by-step procedure—from drafting, committee deliberations, plenary action, and executive handling, to review, publication, and archiving—ensures that every resolution stands on firm legal ground, survives external scrutiny, and effectively serves the constituents it was crafted for.
This article is for general legal information. For specific situations, consult your local DILG field officer or legal counsel.