PROVIDING FOR A SYSTEM OF REGISTRATION FOR MEMBERS OF THE BARANGAYS (CITIZENS ASSEMBLIES).

• Number: Presidential Decree No. 210
• Sections: 19

Preamble

WHEREAS, Presidential Decree No. 86, dated December 31,

1973, created the Barangays (Citizens Assemblies) in order to broaden the base

of citizen participation in the democratic process and to afford ample

opportunities for the citizenry to express their views on important national

issues;

WHEREAS, Presidential Decree No. 86-A, dated January 5,

1973, strengthening and defining the role of Barangays (Citizens Assemblies)

states that they shall constitute the base for citizen participation in

governmental affairs and their collective views considered in the formulation of

national policies or programs;

WHEREAS, Presidential Decree No. 86-B, dated January 7,

1973, provided, among others, that important national issues shall from time to

time be referred to the Barangays for resolution;

WHEREAS, the Barangays have been recognized and accepted as

instrumentalities of the sovereign will of the people;

WHEREAS, the Commission on Elections has now been duly

constituted pursuant to the New Constitution of the Republic of the Philippines;

and

WHEREAS, pursuant to Section 4, Article V, of the New

Constitution, it shall be the obligation of every citizen qualified to vote to

register and cast his vote;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution as

Commander-in-Chief of all the Armed Forces of the Philippines and pursuant to

Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated

September 22, 1972, do hereby order and decree to be part of the laws of the

land the following:

Section 1

SECTION 1. Supervision of the Commission on Elections. The

Commission on Elections shall, in addition to the powers and functions conferred

upon it by the Constitution, have direct supervision and control in the

registration of members of the Barangays (Citizens Assemblies) and shall

exercise and perform such other powers and functions as may be conferred upon it

by this Decree.

Section 2 Participation in the Barangay (Citizens Assembly).

SEC. 2. Participation in the Barangay (Citizens Assembly). —

In order that a qualified person may participate and vote in any meeting or

referendum of the Barangay created under Presidential Decree No. 86, he must be

registered in the Barangay list of the barrio, barangay or district where he

resides.

Section 3 Definitions.

SEC. 3. Definitions. — As used in this Decree,

unless the context indicates otherwise:

"Barangays" (Citizens Assemblies) refer to the bodies constituted under

Presidential Decree No. 86, dated December 31, 1972, and to wards in cities

where there are no barrios.

"List" shall refer to the registered members of the Barangay,

"Barrio Captain" and "Members of the Barrio Council" shall be understood to

mean those who were duly elected as such under the revised Barrio Charter, or

their duly authorized replacements.

"Barangay Chairman" and "Barangay Leaders" shall refer to those who are

appointed by City Mayors in accordance with this Decree.

Section 4 Barangay List.

SEC. 4. Barangay List. — There shall be a list of

all the members of the Barangay in each barrio, barangay or district containing

the name, sex, civil status, residence and date of birth of each member. The

list shall be under the custody of the Barrio Captain or Barangay Chairman.

Section 5 Registration Officers.

SEC. 5. Registration Officers. — The Barrio Captain

and members of the Barrio Council, or in the case of chartered cities where

there arc no existing barrios, the barangay chairman and barangay leaders shall

be the ex officio registration officers in their respective barrios, barangays

or districts and shall take charge of the registration of the members of the

barangays therein without prejudice to the power of the Commission to deputize

public schoolteachers and such other officials or employees whenever the need

arises to help in the registration of barangay members.

In cities or areas thereof where no barrios exist, the City Mayor shall

appoint the barangay chairman and barangay leaders: Provided, That the number of

Barangay Leaders for each barangay or district shall riot be more than ten, one

of whom shall be the barangay or district secretary.

Section 6 Who must register.

SEC. 6. Who must register. — Every person, literate

or not, fifteen years of age or over, who has resided in the barrio, barangay or

district for at least six months and who is a Filipino citizen must register

with any of the registration officers of the barrio, barangay or district where

he resides: Provided, however, That any person who on account of his profession

or calling may not be able to register in his barrio, barangay or district may

register in the barrio, barangay or district where he is temporarily

residing.

Section 7 Application for Registration.

SEC. 7. Application for Registration. — Every

person who is qualified to register as member of the barangay shall register by

personally appearing before any of the registration officers of the barrio,

barangay or district at such place which the latter may designate with proper

notices to the barrio, barangay or district members. Registration may also be

done at the residence of the registration officers.

To expedite the registration, the registration officers shall also conduct a

house-to-house registration.

Section 8 Approval or Disapproval of Application.

SEC. 8. Approval or Disapproval of Application. —If

the registration officer finds the applicant qualified, he shall enter his name

in the list in his possession, and the require the applicant to fill the

registration record which shall contain the name, sex, civil status, residence,

sate of birth and signature of the applicant. One copy shall be retained by the

applicant and the other copy shall be transmitted to the Election Registrar of

the city, municipality and municipal district.

In case the applicant is illiterate or cannot by himself accomplish the

registration record, the registration officer shall accomplish the same for and

in behalf of the applicant who shall thereafter affix his thumbmark in the

presence of two witnesses who must also affix their signatures thereon.

The registration record shall be authenticated by the registration officer:

Provided, however, That once an applicant's name is entered in the list, failure

or omission to accomplish the registration record shall not affect his inclusion

therein: Provided, further, That the registration record shall be accomplished

and submitted within a reasonable time.

Section 9 Cancellation of Registration.

SEC. 9. Cancellation of Registration. - Any member

who wants to transfer his registration must first cancel his registration by

appearing personally before any registration officer or by filing in writing a

request for cancellation stating the reasons therefor.

Section 10 Preparation of Barangay List.

SEC. 10. Preparation of Barangay List. — The Barrio

Captain, or in the case of cities, the Barangay Chairman, shall prepare in

duplicate in a form to be prescribed by the Commission on Elections, the

barangay list containing all the names of duly registered members arranged

alphabetically. For this purpose, the registration officers shall submit

immediately to the Barrio Captain or Barangay Chairman concerned the names of

members registered by them for inclusion in the barangay list. The list shall be

authenticated by the Barrio Captain or Barangay Chairman as the case may be and

by the head teacher of the public school of the barrio, barangay or district, or

in his absence, the most senior public schoolteacher of the barrio, barangay or

district.

The original copy of the list shall be transmitted to the Election Registrar

of the city, municipality or municipal district and the duplicate copy shall be

retained by the Barrio Captain or the Barangay Chairman.

The registration records of the members shall likewise be forwarded to the

Election Registrar of the city, municipality or municipal district who shall

compile them and bind them by barrios, barangays or districts together with the

corresponding barangay list.

In the event that the barangay list is lost, destroyed, or otherwise not

available for use at any barangay meeting or referendum, the list in the custody

of the Election Registrar shall be used in lieu thereof.

Section 11 Penal Provisions.

SEC. 11. Penal Provisions.—

(a) Failure of any registration officer to comply with his duties and

functions within the period prescribed shall be ground for disciplinary action

in accordance with the revised Barrio Charter: Provided, however, That when a

registration officer refuses to perform certain acts required of him under this

Decree the penalty shall be a fine of not less than fifty pesos but not more

than two hundred pesos or an imprisonment of not less than one month but not

more than one year, or both fine and imprisonment in the discretion of the

court;

(b) Any qualified person who fails without justifiable excuse to register

within the period prescribed by law shall be guilty of an offense punishable

with a fine of twenty pesos;

(c) The following shall be guilty of an offense punishable with imprisonment

of not less than one month nor more than six months:

Any person who registers more than once.

Any registering officer who knowingly registers a person not duly qualified

to be registered or who refuses to accept any application for registration.

Any person who delays, hinders or obstructs another from registering.

Section 12 Jurisdiction of Court.

SEC. 12. Jurisdiction of Court.— The municipal or

city courts as the case may be shall have jurisdiction over all the offenses

punishable under this Decree, subject to appeal to the Court of First Instance

the decision of which shall be final.

Section 13 Prosecution of Offenses.

SEC. 13. Prosecution of Offenses.— Acts punishable

hy this Decree, shall be prosecuted in the same manner as election offenses

punishable by the Election Code of 1971.

Section 14 Transitory Provision.

SEC. 14. Transitory Provision. — Without prejudice

to the registration of persons not included, any list prepared and used in the

referendum of January 1973 in accordance with Presidential Decrees Nos. 86,

86-A, 86 B duly certified as such by the Secretary of the Department of Local

Governments and Community Development or his duly designated representative

shall be adopted for purposes of this Decree after the said list shall have been

posted in at least three conspicuous places in the barrio, barangay or district,

or in case the list is of such thickness or volume that it is impractical to

post it, deposited in the offices of schools where it shall be open for public

scrutiny, for a period of five days. In case there arc complaints against the

inclusion of persons not qualified to be registered, the question shall be

determined by the Registrar of the city, municipal or municipal district, but

the entire list shall not be affected.

After the reglementary period of publication prescribed in the preceding

paragraph, the list shall then be authenticated in the same manner as provided

in Section 10 herein.

Section 15 Promulgation of Rules.

SEC. 15. Promulgation of Rules. — The Commission on

Elections shall promulgate such rules and regulations and prescribe and/or

furnish such forms and reglementary periods for certain acts required herein to

be performed.

The Commission is also authorized to provide for the updating of lists and to

promulgate rules concerning disputes over registration and other matters related

to barangay affairs.

The Commission on Elections may procure any supply, material or service

needed for the implementation of this Decree either by negotiation or through

sealed quotation if it finds the requirements of public bidding impracticable to

observe.

Section 16 Barangay Affairs Department.

SEC. 16. Barangay Affairs Department.—The

Commission on Elections is hereby authorized to organize a department, office or

agency to administer the affairs of barangays, including the holding of

referendum and other forms of consultation.

To implement the provisions of this Decree the amount of THREE MILLION PESOS

(P3,000,000.00) is hereby appropriated out of any funds in the National Treasury

not otherwise appropriated.

Section 17 Repealing Clause.

SEC. 17. Repealing Clause. — All laws, executive

orders, decrees, rules and regulations, or parts thereof, inconsistent with the

provisions of this Decree are hereby repealed, amended or modified

accordingly.

Section 18 Effectivity.

SEC. 18. Effectivity. — This Decree shall take

effect immediately.

Done in the City of Manila, this 8th day of June, in the year of Our Lord,

nineteen hundred and seventy-three.

(Sgd.) FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ALEJANDRO MELCHOR

Executive Secretary

[*] Amended by Presidential Decree No. 227.