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Manny Valdehuesa .

WITH the barangay’s newly installed officials in place, is anything of significance taking place in the community, any new initiatives?

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This is the period barangay voters should expect performance on promises made during the campaign, as well as see to their officials’ faithful compliance with statutory requirements.

Take the Lupong Tagapamayapa, or Lupon, the unit which constitutes the judicial branch of the barangay government. It is in charge of conciliating or settling local disputes or conflicts.

By now, it is supposed to be duly constituted; and it must done in accordance with the prescribed processes and procedures. Refer to Sections 399-422 of the Local Government Code. Have the nominations to the Lupon been made, its members nominated or appointed?

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The law requires that the notice to constitute this Lupon—with “the names of proposed members who have expressed willingness to serve, shall be prepared by the punong barangay within the first fifteen (15) days from the start of his term of office.” Was this complied with?

Moreover, it is required that “Such notice shall be posted in three (3) conspicuous places in the barangay continuously for a period of not less than three (3) weeks.” Was this complied with?

“The punong barangay, taking into consideration any opposition to the proposed appointment or any recommendation for appointments as may have been made within the period of posting, shall within ten (10) days thereafter, appoint as members those whom he determines to be suitable therefor.

“Appointments shall be in writing, signed by the punong barangay, and attested to by the barangay secretary…. The list of the appointed members shall then be posted in three (3) conspicuous places in the barangay for the entire duration of their term of office…” Was this complied with?

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The law further states that “In barangays where most of the inhabitants are members of indigenous communities, local systems of settling disputes through their council of datus or elders shall be recognized without prejudice to the applicable provisions of this Code.”

If these actions have been taken and complied with, the question now arises: Are there disputes or controversies in the neighborhoods that need urgent attention in the interests of harmony and peace in the community?

For example, are there problematic personalities in the barangay whose grievances ought to be noted and addressed, to be settled or conciliated? It’s something the community ought to look into and work hand-in-hand with the Lupon members to resolve.

Are there agitators or even insurgents in the barangay, for instance, who are taken for granted or ignored, their grievances left to fester until they become serious problems that grow to explosive proportions and erupt in violence?

Resolving such matters needs sensitive attention and rational consideration, which is why the law requires that only a person “possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity, may be appointed a member of the Lupon.”

Barangay folks should look into such matters and check whether legal procedures and processes are complied with by their officials. If appointments have been made, do the appointees meet the necessary qualifications of integrity, probity, and so on?

There are other provisions of law that barangay citizens ought to take note of to ensure that their officials are in compliance.

 

(Manny Valdehuesa Jr. is a former Unesco regional director for Asia-Pacific; secretary-general, Southeast Asia Publishers Association; director, development academy of Philippines; member, Philippine Mission to the UN;  vice chair, Local Government Academy; member, government peace panel during the administration of Corazon Aquino; awardee, PPI-Unicef outstanding columnist. An author of books on governance, he is chairman/convenor of Gising Barangay Movement Inc.. E-mail: valdehuesa@gmail.com)

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