DOJ Opinion No. 005, s. 1985

DOJ OPINION NO. 005 , s. 1985 January 10, 1985 Major General Josephus Q. Ramas Commanding General, Philippine Army Fort Andres Bonifacio, Metro Manila Sir : This is in reply to your request for a more definitive ruling/opinion on the status of barrios/barangays which are located inside Military reservations, particularly, raising the following questions: 1. Whether said barrios/barangays are covered by the Revised Barrio Charter (Republic Act No. 3590, [1963] as amended by Presidential Decree No. 557 [1974]); 2. What is the scope of authority of the Post Camp Commander over said barrios/barangays; and 3. May the barrios/barangays levy taxes on the residents therein, some or majority of whom are military personnel, citing as authority therefore the Revised Barrio Charter. LLjur You state that the barrios/barangays specifically referred to are Barrio Militar in Fort Magsaysay (Palayan City), CEMBO or Central Enlisted Men's Barrio (Makati), Signal Village (Taguig), and Barrio Bicutan (Makati) all in Fort Bonifacio; that they were "originally allocated as places where military personnel in the active service may build their abode" but thru the years have "mushroomed into veritable communities;" that they were given names/acronyms for purposes of identification, administrative control and supervision; that thereafter they were listed as such for political/voting purposes; that consequently, election for barrio officials and other political exercises were conducted therein, the most recent of which was the Batasang Pambansa elections under the authority and supervision of the Commission on Elections (COMELEC); that The Judge Advocate General (TJAG), AFP, expressed the view that Camp Murphy (now Camp Aguinaldo) is not a barrio since it was not created in the manner prescribed by law (JAG/LO 100/F '59); that in accordance therewith and pursuant to Sections 498-506 of the Revised Administrative Code, and further in the greater interest of national security, you maintain that the camp/military reservation commander has the authority to appoint/relieve barrio/barangay captains of barrios/ barangays forming part and parcel of military reservations; that said barrios/barangays may not levy taxes on its residents as it would constitute an undue interference in the administration thereof; and that the respective local officials entertain the opposite view bolstered by the fact that elections for barrio officials were conducted in said areas. We regret to say that although the Minister of Justice may have to render his opinion on matters vitally affecting the interests of the Armed Forces of the Philippines (Op. No. 191, s. 1971) he is constrained to decline opinion since the questions raised hinge on factual issues which are not readily discernible from the within papers. (Op. No. 67, s. 1984) Moreover, pursuant to Letter of Instructions No. 1263 (1982), all queries and/or requests emanating from concerned government entities on the total number of barangays and other related matters shall be coursed through the Operations Monitoring and Support Office of the Ministry of Local Government. It is therefore suggested that you consult with the aforesaid government agency regarding your queries. However, for your information and guidance, we have enclosed Ops. No. 300, s. 1955; 242, s. 1958; 191, s. 1971; 222, s. 1975; 94, s. 1977; 108, s. 1977; and 3, s. 1981 which you may find pertinent to your request. We also invite your attention to the provisions of law which we quote as follows: The Revised Barrio Charter (Republic Act No. 3590 [1963]) "SEC. 3. The creation of new barrios . Upon petition of a majority of the voters in the areas affected, a new barrio may be created or the name of an existing one may be changed by the provincial board of the province, upon recommendation of the council of the municipality or municipalities in which the proposed barrio is situated. The recommendation of the municipal council shall be embodied in a resolution approved by at least two-thirds of the entire membership of the said council: Provided, however, That no barrio may be created if its population is less than five hundred persons, nor out of chartered cities or poblaciones of municipalities. Barrios shall not be created or their boundaries altered nor their names changed except under the provisions of this Act or by Act of Congress. Presidential Decree No. 86, creating Barangays (citizens Assemblies) [1972] "1. There is hereby created in each barrio in every municipality and municipal district, Barangay (Citizens Assembly): Provided, That in the case of the City of Manila and other cities or municipalities where there are no barrios, there shall be a Citizens Assembly for every barangay." Presidential Decree No. 557, Declaring All Barrios in the Philippines as Barangays, and for Other Purposes [1974] "SECTION 1. Any provision of existing laws to the contrary notwithstanding, all existing barrios or barrio that may be hereafter be created are hereby declared as Barangays and all references to the barrio in any existing laws shall henceforth be understood as references to the Barangay; Provided, however, that in the case of the City of Manila and other chartered cities where there are no barrios, all existing Barangays therein created under Presidential Decree No. 86, as amended, shall continue as such Barangays." The Local Government Code (Batas Pambansa Blg . 337 [May 16, 1983]) "SEC. 82. Manner of Creation . A barangay may be created, named, and its boundaries defined, altered or modified, by an ordinance of the sangguniang panlalawigan or sangguniang panglunsod, as the case may be, subject to the approval by a majority of the votes cast in a plebiscite called for the purpose by the Commission on Elections to be held in the unit or units affected within such period of time as may be determined by the ordinance creating said barangay. prcd Existing barangays, and those which have been organized pursuant to existing laws, operating with their own set of officers, shall be considered as such, and shall be governed by the provisions of this Code." "SEC. 233. xxx xxx xxx (2) Until otherwise provided by law, nothing in this Code shall be understood to amend or repeal the pertinent provisions of Presidential Decree No. 824 and Batas Pambansa Blg. 20, and all presidential decrees and issuances relevant to Metropolitan Manila and the Sangguniang Pampook of Regions IX and XII." (Emphasis supplied) Presidential Decree No. 824, creating the Metropolitan Manila and the Metropolitan Manila Commission and for Other Purposes. "SEC. 2. Territorial Jurisdiction . The Commission shall have jurisdiction over the cities of Manila, Quezon, Pasay and Caloocan and the municipalities of Makati, Mandaluyong, San Juan, Las Pias, Malabon, Navotas, Pasig, Pateros, Paraaque, Marikina, Muntinlupa, and Taguig, in the province of Rizal, and the municipality of Valenzuela, in the province of Bulacan, all of which together shall henceforth be known as Metropolitan Manila." cdll Please be guided accordingly. Very truly yours, For the Minister of Justice: (SGD.) JESUS N. BORROMEO Deputy Minister