MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 431 April 8, 1974
PRESCRIBING A SYSTEM OF PERMANENT AND CONTINUING REGISTRATION OF MEMBERS OF BARANGAYS, PROVIDING A PROCEDURE FOR THE CREATION OF BARANGAYS, PROVIDING A PROCEDURE FOR THE CREATION OF BARANGAY IN AREAS WHERE THERE ARE NONE AND FOR THE ELECTION OF OFFICIALS THEREOF
WHEREAS, on many instances in the past grave problems and crises of the nation have been surmounted and/or controlled due to the effective and civic-spirited action of barangays, their leaders and members alike, thereby proclaiming to all the world that indeed the barangays have become a vital force in the political, economic, social and cultural development and evolution of the nation;
WHEREAS, in the light of the referendum held so far during which the members of the barangays were called upon to express their views on important local and national issues, it is now an established reality that barangay democracy at its best is a system that merits to be strengthened, sustained and supported;
WHEREAS, considering the number...
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Presidential Decrees
Prescribing A System Of Permanent And Continuing Registration Of Members Of Barangays, Providing A Procedure For The Creation Of Barangays, Providing A Procedure For The Creation Of Baranga
Presidential Decree No. 431
Summary of Presidential Decree No. 431
Permanent List of Barangay Members
- There shall be a permanent list of barangay members in every barangay consisting of all registered members. (Section 1)
- The permanent list shall be used for any local or national referendum and/or consultation under the supervision of the Commission on Elections (COMELEC). (Section 2)
Definition of Barangay
- Any barrio recognized under Republic Act 3590 (Barrio Charter Law) shall be called "Barangay". (Section 3)
- The terms "Barrio Council", "Barrio Assembly", "Barrio Captain", and "Barrio Councilman" shall be changed to "Barangay Council", "Barangay Assembly", "Barangay Captain", and "Barangay Councilor", respectively. (Section 3)
Qualifications for Barangay Membership
- Every Filipino citizen aged 15 years or over who has resided in the barangay for at least six months shall register as a barangay member. (Section 4)
Registration Officers
- The barangay head and barangay councilors shall be the ex-officio registration officers in their respective barangays. (Section 5)
- COMELEC may deputize public school teachers and other officials or employees as registration officers when needed. (Section 5)
Registration Process
- A qualified barangay member shall personally appear before any registration officer and file a sworn application for registration in duplicate within 60 days of acquiring the qualification. (Section 6)
- The application shall contain personal information such as name, address, civil status, occupation, and thumbmarks. (Section 7)
- The registration officer shall approve or disapprove the application within three days and submit it to the barangay head and election registrar. (Section 8)
- An applicant may appeal a disapproval to the election registrar within five days. (Section 8)
Book of Barangay Members
- The barangay head shall prepare a book of barangay members consisting of approved applications arranged alphabetically. (Section 9)
- The election registrar shall issue a registration card to each registered barangay member based on the book. (Section 10)
Cancellation and Annulment
- A member's registration shall be cancelled if they acquire residence in another barangay or upon death. (Section 11)
- COMELEC may annul a book of barangay members if not prepared properly or affected by fraud, forgery, or irregularities. (Section 12)
Penal Provisions
- Punishable by imprisonment of not less than one month nor more than six months for offenses such as making false statements, obstructing registration, tampering with the book of barangay members, approving/disapproving applications improperly, issuing/cancelling registration cards improperly, and willful refusal to perform duties. (Section 13)
Jurisdiction and Prosecution
- Municipal or city courts shall have jurisdiction over offenses, subject to appeal. (Section 14)
- COMELEC shall have exclusive power to conduct preliminary investigations and prosecute offenses. (Section 15)
Transitory Provisions
- Registration officers shall accomplish registration records of members registered as of July 27-28, 1973 referendum. (Section 16A)
- Registered members shall be entitled to registration cards. (Section 16B)
- Procedures for handling multiple registrations and cancellations. (Section 16C)
- Procedures for creating barangays in cities and municipalities where there were no barrios. (Section 16D)
Supervision and Implementation
- COMELEC shall have direct supervision and control in implementing the decree and issue necessary rules and regulations. (Section 17)
Repealing Clause and Effectivity
- Inconsistent laws, orders, decrees, rules, and regulations are repealed or modified accordingly. (Section 18)
- The decree shall take effect immediately. (Section 19)
Permanent List of Barangay Members
- There shall be a permanent list of barangay members in every barangay consisting of all registered members. (Section 1)
- The permanent list shall be used for any local or national referendum and/or consultation under the supervision of the Commission on Elections (COMELEC). (Section 2)
Definition of Barangay
- Any barrio recognized under Republic Act 3590 (Barrio Charter Law) shall be called "Barangay". (Section 3)
- The terms "Barrio Council", "Barrio Assembly", "Barrio Captain", and "Barrio Councilman" shall be changed to "Barangay Council", "Barangay Assembly", "Barangay Captain", and "Barangay Councilor", respectively. (Section 3)
Qualifications for Barangay Membership
- Every Filipino citizen aged 15 years or over who has resided in the barangay for at least six months shall register as a barangay member. (Section 4)
Registration Officers
- The barangay head and barangay councilors shall be the ex-officio registration officers in their respective barangays. (Section 5)
- COMELEC may deputize public school teachers and other officials or employees as registration officers when needed. (Section 5)
Registration Process
- A qualified barangay member shall personally appear before any registration officer and file a sworn application for registration in duplicate within 60 days of acquiring the qualification. (Section 6)
- The application shall contain personal information such as name, address, civil status, occupation, and thumbmarks. (Section 7)
- The registration officer shall approve or disapprove the application within three days and submit it to the barangay head and election registrar. (Section 8)
- An applicant may appeal a disapproval to the election registrar within five days. (Section 8)
Book of Barangay Members
- The barangay head shall prepare a book of barangay members consisting of approved applications arranged alphabetically. (Section 9)
- The election registrar shall issue a registration card to each registered barangay member based on the book. (Section 10)
Cancellation and Annulment
- A member's registration shall be cancelled if they acquire residence in another barangay or upon death. (Section 11)
- COMELEC may annul a book of barangay members if not prepared properly or affected by fraud, forgery, or irregularities. (Section 12)
Penal Provisions
- Punishable by imprisonment of not less than one month nor more than six months for offenses such as making false statements, obstructing registration, tampering with the book of barangay members, approving/disapproving applications improperly, issuing/cancelling registration cards improperly, and willful refusal to perform duties. (Section 13)
Jurisdiction and Prosecution
- Municipal or city courts shall have jurisdiction over offenses, subject to appeal. (Section 14)
- COMELEC shall have exclusive power to conduct preliminary investigations and prosecute offenses. (Section 15)
Transitory Provisions
- Registration officers shall accomplish registration records of members registered as of July 27-28, 1973 referendum. (Section 16A)
- Registered members shall be entitled to registration cards. (Section 16B)
- Procedures for handling multiple registrations and cancellations. (Section 16C)
- Procedures for creating barangays in cities and municipalities where there were no barrios. (Section 16D)
Supervision and Implementation
- COMELEC shall have direct supervision and control in implementing the decree and issue necessary rules and regulations. (Section 17)
Repealing Clause and Effectivity
- Inconsistent laws, orders, decrees, rules, and regulations are repealed or modified accordingly. (Section 18)
- The decree shall take effect immediately. (Section 19)