Where to file complaint vs.

barangay head BY THE MANILA TIMES ON APRIL 9, 2016

Dear PAO,
I am a resident of a certain barangay. I know that our Barangay Chairman is collecting fees from
drivers of delivery vans who are parking in front of our Barangay Hall. These fees are not
substantiated by receipts; thus, we do not have any record to account the same. I had a heated
argument with the Brgy. Chairman last week regarding this matter including all anomalous
transactions entered by him so I am now planning to file a complaint against him. Where will I
file the complaint?

King

Dear King,
Your complaint against the Barangay Chairman can be lodged at the Sangguniang Bayan or
Sangguniang Panlungsod exercising jurisdiction over your area. This is in consonance with the
provision of Section 61 (c) of Republic Act (R.A.) No. 7160 which states that: a complaint
against any elective barangay official shall be filed before the sangguniang panlungsod or
sangguniang bayan concerned whose decision shall be final and executory.

Section 60 of same law also provides that, an elective local official may be disciplined,
suspended, or removed from office on any of the following grounds:

a) Disloyalty to the Republic of the Philippines;

b) Culpable violation of the Constitution;

c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;

d) Commission of any offense involving moral turpitude or an offense punishable by at least

prision mayor;

e) Abuse of authority;

f) Unauthorized absence for fifteen (15) consecutive working days, except in the case of
members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and
sangguniang barangay;

g) Application for, acquisition of, foreign citizenship or residence or the status of an immigrant
of another country; and

h) Such other grounds as may be provided in this Code and other laws.
An elected local official may be removed from office on any of the grounds enumerated above
by order of the proper court.

Please be guided by the decision of the Supreme Court in the case of Barangay Sanggunian of
Don Mariano Marcos vs Punong Barangay Martinez, (G. R. No. 170626, March 3, 2008), where
the high court said that:

As the law stands, Section 61 of the Local Government Code provides for the procedure for the
filing of an administrative case against an erring elective barangay official before the
Sangguniang Panlungsod or Sangguniang Bayan. However, the Sangguniang Panlungsod or
Sangguniang Bayan cannot order the removal of an erring elective barangay official from office,
as the courts are exclusively vested with this power under Section 60 of the Local Government
Code. Thus, if the acts allegedly committed by the barangay official are of a grave nature and, if
found guilty, would merit the penalty of removal from office, the case should be filed with the
regional trial court. Once the court assumes jurisdiction, it retains jurisdiction over the case
even if it would be subsequently apparent during the trial that a penalty less than removal from
office is appropriate. On the other hand, the most extreme penalty that the Sangguniang
Panlungsod or Sangguniang Bayan may impose on the erring elective barangay official is
suspension; if it deems that the removal of the official from service is warranted, then it can
resolve that the proper charges be filed in court. (Emphasis supplied)

Again, we find it necessary to mention that this opinion is solely based on the facts you have
narrated and our appreciation of the same. The opinion may vary when the facts are changed
or elaborated.

We hope that we were able to enlighten you on the matter.

Editors note: Dear PAO is a daily column of the Public Attorneys Office. Questions for Chief
Persida Acosta may be sent to dearpao@manilatimes.net