Ex-barangay officials face jail for withholding records in Iloilo City

By Rjay Zuriaga Castor

A proposed ordinance in the Iloilo City Council seeks to impose criminal liability on former barangay and Sangguniang Kabataan (SK) officials who fail to turn over public records and government property to their successors.

The measure addresses governance gaps that surface during leadership transitions.

The proposed Barangay-SK Budgetary Reform Ordinance, authored by Councilor Rex Marcus B. Sarabia, establishes a stricter accountability framework to prevent outgoing officials from disrupting the operations of incoming administrations.

“There is a need to reform and strengthen barangay budgetary compliance through a comprehensive system of technical assistance, capacity development, fiscal governance support, compliance monitoring, and administrative intervention mechanisms,” Sarabia said.

Under Section 16 of the proposed ordinance, any former barangay or SK official who, as a private citizen, fails or refuses to surrender public records, financial documents, or government property may be charged with “Infidelity of Public Records by Private Persons.”

The offense is not covered by any existing national law.

Violators face up to one year of imprisonment upon conviction.

The criminal liability applies if the records or properties are not returned within the prescribed transition period after a written demand has been made and the former official has been given a reasonable opportunity to comply.

Section 458 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, allows city councils to impose imprisonment of up to one year and fines of up to PHP 5,000.

The measure requires all outgoing barangay and SK officials to complete the turnover of official records, financial documents, government property, money accountabilities, inventories, books of accounts, procurement records, and project documents within 60 days after a new administration assumes office.

The turnover requirement also covers any responsible person who has actual custody or control of the records or properties because of a previous position or official assignment.

“[The] recurring failures of such turnover [processes] at the barangay level show the need for the imposition of stricter penalties to ensure compliance,” Sarabia said.

Sarabia said delayed turnover has repeatedly resulted in deficiencies in annual budgets and annual investment programs, affecting the delivery of public services in Iloilo City’s 180 barangays and their respective SK councils.

The proposed ordinance also holds incumbent officials accountable for failing to comply with turnover requirements.

Current officials who violate the turnover provisions may face administrative proceedings before the Sangguniang Panlungsod or the Office of the Ombudsman, in addition to any criminal liability under the Revised Penal Code for “Infidelity of Public Officers.”

The proposal also introduces incentives for compliance through the Iloilo City Barangay-SK Good Financial Housekeeping Award.

Barangays and SK councils that fully comply with fiscal and governance requirements may receive an additional PHP 200,000 in funding.

To qualify, recipients must comply with the prescribed budget calendar, obtain a favorable opinion from the Commission on Audit, meet Full Disclosure Policy requirements, and satisfy all other conditions under the proposed ordinance.

Budget reform system

The proposed ordinance also creates a Barangay-SK Budgetary Reform System that will provide technical assistance in government accounting, procurement planning, and digitalization.

It likewise mandates the creation of a Barangay-SK Budgetary Compliance Committee chaired by the Office of the City Mayor, with representatives from the Liga ng mga Barangay and the SK Federation as members.

The city government will also implement a District-Based Development Planning and Budgetary Support System that groups barangays by district for consultations and technical assistance.

Despite the stricter compliance measures, Sarabia said the ordinance is intended to be “facilitative and capacity-enhancing.”

Section 17 of the proposal states that the ordinance will not diminish the fiscal or political autonomy of barangays guaranteed under the Local Government Code of 1991.

The measure also includes a “No Delayed Receipt” policy that bars city offices from arbitrarily refusing submissions of barangay documents.

The proposal requires a minimum annual appropriation of PHP 2 million in the city budget to fund the reform program.

The proposed ordinance stems from a tri-committee investigation conducted in aid of legislation into the budgetary crisis that left dozens of barangays and SK councils without approved annual budgets.

According to the committee report, the crisis was not caused solely by delayed submissions from barangays and SK councils but also by broader systemic failures in governance and administrative processes.

Only 12 of the city’s 180 barangays had approved their annual budgets for 2026 as of the fourth week of February, leaving 168 barangays operating under reenacted budgets. Only two SK councils had passed their spending plans, as SK allocations are drawn from 10 percent of their respective barangays’ annual budgets.

The measure is expected to undergo further deliberation in the City Council.