Dear Attorney,

I live in a neighborhood where the barangay has an ordinance that requires dog owners to leash their pets when in public areas. Despite this, I’ve noticed that many residents are not following this rule, and the ordinance is not being enforced by the barangay officials. This has led to safety concerns, as some dogs roam freely and cause disturbances in the community.

I am wondering what legal steps I can take to address the lack of enforcement of this barangay ordinance. What rights do we have as residents to ensure that the barangay takes action, and what possible recourse can we pursue if the barangay fails to enforce this regulation?

Sincerely,
A Concerned Resident

Insights

The issue you raised concerns the enforcement of a barangay ordinance, which is a local rule promulgated by a barangay council under its authority to regulate activities within its jurisdiction. In this case, the ordinance aims to ensure public safety by requiring dog owners to leash their pets, but the apparent lack of enforcement has led to disturbances and potential hazards for the community.

Under the Local Government Code of 1991 (Republic Act No. 7160), barangays have the power to enact and enforce ordinances concerning the welfare and safety of their residents. This includes ordinances regulating the control of animals, such as the leashing of dogs. However, while barangay councils have the authority to legislate, they also have a responsibility to enforce these laws.

If you believe the barangay is failing in its duty to implement the ordinance, you have several legal remedies:

Filing a Complaint with the Barangay: The first course of action is to formally raise the issue before the barangay council. You may submit a written complaint or raise it during a barangay assembly. Under the law, barangay councils are accountable to their constituents and must address concerns related to the enforcement of ordinances.
Requesting Assistance from the City or Municipal Government: If the barangay fails to take action after your complaint, you can escalate the matter to the local city or municipal government. The mayor or municipal officer overseeing barangay affairs can intervene if a barangay fails to perform its duties, including the enforcement of local ordinances.
Public Petition: Another option is to gather signatures from fellow residents and submit a petition to the barangay council, urging them to enforce the ordinance. Under the principle of community participation, barangay councils are expected to respond to the concerns of their residents.
Filing an Administrative Complaint: If barangay officials persistently refuse to enforce the ordinance, you may file an administrative complaint for neglect of duty or dereliction of duty before the Office of the Ombudsman or the Department of the Interior and Local Government (DILG). This remedy is more serious and should be pursued only if previous attempts to address the issue with local officials have failed.

Ultimately, barangays are tasked with maintaining peace and order within their communities, and this includes ensuring compliance with local ordinances. If the barangay fails to fulfill its obligations, legal steps can be taken to hold officials accountable, ensuring the protection of community welfare.