Grant of Barangay Official Eligibility

November 21, 2016

CSC RESOLUTION NO. 1601257

GRANT OF BARANGAY OFFICIAL ELIGIBILITY

 

WHEREAS, Section 12 (2), Chapter 3, Subtitle A, Title I, Book V of The Revised Administrative Code of 1987 provides that the Civil Service Commission (CSC) shall prescribe, amend, and enforce rules and regulations for carrying into effect the provisions of the Civil Service Law and other pertinent laws;

WHEREAS, one of the major functions of the CSC is the grant to individuals of Civil Service Eligibility under Special Laws and related CSC issuances, upon meeting the set qualifications and fulfilling the requirements, without taking the regular civil service examinations;

WHEREAS, the Barangay Official Eligibility (BOE) is one of the special eligibilities granted under Special Laws and related CSC issuances based on Batas Pambansa Bilang 337 and Republic Act No. 7160;

WHEREAS, under Section 393 (b), Chapter IV, Title I, Book III of The Local Government Code of 1991 (RA 7160), the Punong Barangay, the Sangguniang Barangay members, the Barangay Treasurer, and the Barangay Secretary shall be entitled to appropriate civil service eligibility on the basis of the number of years of service to the barangay, under the rules and regulations issued by the CSC while Section 434, Chapter VIII of the same Code as amended by Section 12 of RA 10742 provides that the chair of the Sangguniang Kabataan shall automatically serve as an ex officio member of the Sangguniang Barangay upon assumption to office. As such, he or she shall exercise the same powers, discharge the same duties and functions, and enjoy the same privileges as the regular Sangguniang Barangay members;

WHEREAS, CSC Resolution No. 93-3666 dated September 7, 1993 provided for the Rules on the Grant of Barangay Official Eligibility (BOE), such that its scope included the Punong Barangay, regular Sangguniang Barangay (SB) members and Sangguniang Kabataan (SK) Chairs who were elected in the 1982 Elections or thereafter; HDICSa

WHEREAS, CSC Resolution No. 06-0089 dated January 20, 2006 provided the aggregate or total number of years of service requirement for the Grant of Barangay Official Eligibility which shall be five (5) years, and that barangay officials who were not able to finish their term of office, may be allowed to tack or add their other services as elective/appointive barangay officials to meet the service requirement;

WHEREAS, the CSC has issued CSC Resolution No. 12-00865 dated June 14, 2012, repealing the aggregate five-year service requirement and reverting to the completion of term of office as the basis for the grant of BOE, and prescribing that the grant of BOE to elected barangay officials is a privilege that belongs exclusively to the duly elected barangay officials;

WHEREAS, in CSC Memorandum Circular (MC) No. 13, series of 2012, the Commission defined "completion of term of office" for elected barangay officials, as follows:

"a. For elected barangay officials — shall refer to the term of office as specified by the prevailing law on term of office of elected barangay officials;"

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"In cases where services rendered by elected/appointed barangay officials fall short as to the completion of term of office, the deficiency on the number of days shall not be more than fifteen (15) days to be considered for the grant of BOE."

WHEREAS, pursuant to CSC Memorandum Circular No. 13, series of 2012, the filing of application for the grant of BOE for elective and appointive barangay officials who have completed their term of office before the date of effectivity of CSC Resolution No. 1200865 shall be within two (2) years from the date of effectivity or until August 1, 2014;

WHEREAS, Sections 44 and 45, Chapter II (Vacancies and Succession), Title II, Book I of RA 7160 provide for the Rule on Succession in cases of permanent vacancy in the office of the punong barangay (Section 44) and in the sanggunian (Section 45). Thus, in case a permanent vacancy occurs because the elective local official (predecessor) fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of own office, the successor shall serve only the unexpired term of the predecessor;

WHEREAS, as enunciated in Section 19, Chapter II (Succession and Filling up of Vacancies) of RA 10742, in case a Sangguniang Kabataan chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, is removed from office, the Sangguniang Kabataan member who obtained the highest number of votes in the election immediately preceding shall assume the office of the chairperson for the unexpired portion of his or her term. In case said member refused to assume the position or fails to qualify, the Sangguniang Kabataan member obtaining the next highest number of votes shall assume the position of the chairperson for the unexpired portion of the term;

WHEREAS, there are applicants of the BOE who were unable to complete their term of office because they had to assume a higher position on the basis of the Rule on Succession as stated above (example, a Barangay Kagawad taking over as Punong Barangay by succession); IDaEHC

WHEREAS, the Rule on Succession implies that the barangay officials concerned have substantially rendered only partial services both in the position they have been duly elected to and in the position to which they have succeeded. Thus, the partial services rendered in contemplation of the Rule on Succession do not comply with the policy on completion of term of office as basis for the grant of BOE;

WHEREAS, the grant of BOE is a recognition by the government by the services of barangay officials to the community, therefore, barangay officials who, not of their own volition, are subjected to the operation of the Rule on Succession should not be disadvantaged through disqualification from the grant of BOE;

WHEREFORE, the Commission hereby RESOLVES to adopt the following policy on the grant of Barangay Official Eligibility (BOE) to Sangguniang Barangay Officials who are subjected to the operation of the Rule on Succession:

1. An elected Sangguniang Barangay Member/Kagawad, who assumes the post of Punong Barangay based on the rules on succession as provided under the Local Government Code of 1991, shall be entitled to the grant of BOE. The unexpired term of the Punong Barangay assumed by the SB Member/Kagawad, regardless of the number of days, shall be considered as the completed term of office.

2. In cases of permanent vacancies in the sanggunian which are filled not by automatic succession but by appointment made by the local chief executive, under Section 45 of the Local Government Code of 1991, the appointed Sangguniang Barangay member shall not be entitled to BOE. For emphasis, the grant of BOE is a privilege that exclusively belongs to duly elected Barangay officials.

3. The Sangguniang Kabataan member who succeeds a Sangguniang Kabataan (SK) Chair shall be entitled to the grant of BOE provided that there is compliance with the definition on completion of term of office as re-stated in this Resolution. Provided further that:

3.1 The assumption to office of the SK Chair successor shall be within the allowable fifteen (15)-day deficiency period as re-stated in this Resolution; and

3.2 The BOE shall be granted to an SK Chair successor only if the permanent vacancy occurs within fifteen (15) days from start of term of office.

The policy on the rule on succession shall be applied to those who were elected during the October 25, 2010 synchronized Barangay and Sangguniang Kabataan Elections and to all succeeding elections.

This Resolution supplements CSC Resolution No. 1200865 (Policies on Service Requirement and Other Related Matters on Grant of Barangay Official Eligibility) promulgated on June 14, 2012 and as circularized in CSC Memorandum Circular No. 13, s. 2012. DTCSHA

This Resolution shall take effect after fifteen (15) days from its publication in a newspaper of general circulation.

Quezon City.

(SGD.) ALICIA DELA-ROSA-BALAChairperson

(SGD.) ROBERT S. MARTINEZCommissioner

VACANTCommissioner

Attested by:

(SGD.) DOLORES B. BONIFACIODirector IV

 

Published in The Philippine Star on March 16, 2017.