Barangay Clearance Denial Due to Profiling

Apr 14

Below is a comprehensive legal discussion on the topic of Barangay

Clearance Denial Due to Profiling in the Philippine context. It covers the
nature and purpose of barangay clearances, the legal framework
underpinning their issuance, the concept of “profiling” as a wrongful basis for
denial, and possible remedies and courses of action for affected individuals.

1. Overview of the Barangay Clearance

1.1. Definition and Purpose

A Barangay Clearance is an official certification issued by the barangay—

Philippines’ smallest administrative or local government unit—that typically
attests to the following:

1. The applicant is a bonafide resident or occupant of the barangay.

2. The applicant has no pending obligations or controversies within the

barangay.

3. The applicant is of “good standing” in the community.

Barangay clearances are commonly required for:

 Employment Requirements: Some employers require a barangay

clearance to verify moral character and local reputation.

 Business Permits: Entrepreneurs frequently need barangay

clearance before obtaining a mayor’s permit or city/municipal license
to operate.

 Real Estate Transactions: Some transactions—e.g., building or

fencing permits—may demand barangay clearance to confirm zoning
requirements or local compliance.

1.2. Legal Basis

1. Local Government Code of 1991 (Republic Act No. 7160)

o Section 152(c) of the Local Government Code empowers

barangays to collect fees and charges for services rendered,
including the issuance of barangay clearances.
 o The barangay also exercises certain regulatory functions within
its jurisdiction, subject to national laws.

2. Republic Act No. 9485 (Anti-Red Tape Act of 2007) as

strengthened by Republic Act No. 11032 (Ease of Doing Business
and Efficient Government Service Delivery Act of 2018)

o Requires all government offices (including barangays) to provide

efficient service and avoid red tape or improper delay.

o Prohibits extortion or any practice that unnecessarily obstructs

issuance of government documents.

3. Code of Conduct and Ethical Standards for Public Officials and

Employees (Republic Act No. 6713)

o Mandates government officials to discharge their duties with

fairness, honesty, and a high degree of professionalism.

4. Philippine Constitution

o Article III, Section 1 (Bill of Rights): Guarantees due process

and equal protection of laws.

o Article II, Section 11: The State values the dignity of every
human person and guarantees full respect for human rights.

Thus, while the barangay has authority to issue or deny clearance, the
exercise of that authority must be consistent with principles of fairness, due
process, and non-discrimination.

2. Grounds for Issuance or Denial of Barangay Clearance

2.1. Common Valid Grounds for Denial

A barangay clearance may be denied if an applicant:

 Has outstanding disputes or obligations: For instance, unsettled

community taxes or local ordinance violations that directly relate to the
scope of the clearance.

 Provides fraudulent information: Use of falsified or incomplete

documents can result in denial.

 Cannot prove residency: Barangay clearance typically requires proof

of actual residence in the barangay.
2.2. Procedural Requirements

Although each barangay may have different procedures, some general norms
include:

1. Filing of an Application: The applicant fills out a standard form

indicating personal information and reason for requesting clearance.

2. Verification: The barangay staff or designated official verifies the

applicant’s records to check for any pending issues (e.g., blotter
records or local complaints).

3. Community Tax Certificate (CTC) / Cedula: Often a requirement.

4. Payment of Barangay Fees: Fees must be paid according to the

schedule set by the barangay (subject to local government
regulations).

2.3. Improper Grounds for Denial

Under no circumstances should denial be based on:

 Race, Ethnicity, Religion, or Social Class

 Sexual Orientation or Gender Identity

 Political Affiliation

 Personal Animus, Bias, or Profiling

Any denial based on personal characteristics or prejudices falls under

potential abuse of authority, discrimination, or misconduct in office.

3. Profiling as a Wrongful Basis for Denial

3.1. Understanding “Profiling”

“Profiling,” in a legal or human rights context, refers to the act of subjecting

a person to differential treatment based on generalized (often negative)
assumptions about their background, appearance, or identity. In the
Philippines, “profiling” might manifest if a barangay official denies a
clearance because the applicant is:

 From a minority ethnic or religious group.

 Perceived to be affiliated with an organization or political faction not

favored by the official.
  Belonging to a specific socioeconomic status or a stigmatized
community (e.g., informal settlers or people who lived in conflict-
affected areas).

3.2. Why It Is Prohibited

Philippine law and policy strongly condemn discrimination, especially in

government services:

 Equal Protection Clause (Article III, Section 1, 1987 Constitution)

mandates that no person shall be denied equal protection of the laws.

 Local Anti-Discrimination Ordinances (in some

cities/municipalities) further prohibit denial of government services on
the basis of protected attributes (race, religion, gender, sexual
orientation, etc.).

 Administrative Law: Acts of discrimination by a public official may

constitute grave misconduct, abuse of authority, or conduct
unbecoming of a public official under civil service rules.

3.3. Indicators of Profiling in Barangay Clearance Denial

 Refusal Without a Legitimate Explanation: The official refuses to

issue the clearance yet provides no valid reason tied to the applicant’s
record or qualifications.

 Comments About Personal Characteristics: The barangay official

references the applicant’s ethnicity, religion, or appearance while
stating reasons for denial.

 Higher “Fees” or “Additional Requirements” Imposed Uniquely

on Certain Individuals: If the barangay official imposes extra burdens
on certain groups without lawful basis.

4. Legal Consequences and Remedies

4.1. Administrative Liability

If a barangay official denies clearance due to profiling or discrimination, that

official may be subjected to:

1. Complaint at the Sangguniang Panlungsod or Sangguniang

Bayan
 o The local legislative council can investigate administrative
offenses of local officials and impose sanctions such as
suspension or removal.

2. Complaint before the Office of the Ombudsman

o The Ombudsman investigates and prosecutes government

officials for misconduct, abuse of authority, or violations of the
Anti-Graft and Corrupt Practices Act (R.A. 3019) and other related
statutes.

3. Civil Service Commission (CSC)

o If the barangay official is considered a public servant under civil

service rules, the CSC may have disciplinary jurisdiction over
certain misconduct.

4.2. Criminal Liability

 Anti-Graft and Corrupt Practices Act (R.A. 3019): If discrimination

involves corrupt motives or undue injury to a party, criminal liability
may ensue.

 Grave Coercion or Other Offenses: Depending on the facts, if

threats or intimidation accompany the denial, other penal provisions
might apply.

4.3. Filing a Case for Injunction or Mandamus

1. Injunction

o If the barangay official threatens to deny clearances arbitrarily,

an aggrieved party may seek an injunction to stop the official’s
illegal act.

2. Mandamus

o If there is a clear legal duty to issue the clearance (because the

applicant has met all legitimate requirements), a petition for
mandamus may compel the official to perform that duty.

4.4. Seeking Assistance from the Department of the Interior and

Local Government (DILG)

The DILG has oversight authority over local government units. Victims of
profiling-based denial can lodge a complaint with the DILG, which can issue
directives, investigate allegations, or recommend disciplinary measures.
4.5. Other Legal Avenues

 Commission on Human Rights (CHR): If a violation of human rights

is perceived—particularly on the basis of race, religion, or other
protected characteristics—the CHR can investigate and help in building
a case or recommending policy changes.

 Local Human Rights Offices: Certain LGUs have established local

human rights offices that investigate discrimination complaints.

5. Preventive Measures and Best Practices

5.1. Transparency and Clear Guidelines

Barangays are encouraged to adopt standardized forms and clear criteria for
issuance or denial of clearances, ensuring that requirements are uniform and
publicly posted. This reduces discretion and helps curb abuse or
discrimination.

5.2. Training and Capacity Building for Barangay Officials

Regular training on:

 Anti-Discrimination Practices

 Human Rights

 Applicable Laws on Public Service Ethics and Accountability

This can prevent misunderstandings and emphasize the responsibility to

serve all citizens equally.

5.3. Public Awareness

Community members should be informed about:

 Their Rights when applying for barangay clearances.

 Processes to File Complaints if they experience discriminatory

denial.

 Alternative Remedies if denial seems arbitrary.

6. Conclusion
In Philippine local governance, barangay clearances serve as a
foundational document for residents and entrepreneurs. While barangays
hold legitimate authority to deny a clearance under valid circumstances
(e.g., pending disputes, false information, or incomplete requirements),
denial cannot be premised on profiling or discriminatory grounds such
as race, religion, or socio-political affiliations.

Denying a clearance solely because of a person’s perceived profile—rather

than legitimate legal grounds—constitutes an abuse of authority and
potentially violates constitutional, statutory, and administrative provisions.
Victims of such discrimination may pursue administrative, civil, and even
criminal remedies against erring officials. Public oversight bodies, such as
the DILG, CHR, the Office of the Ombudsman, and local legislative councils,
are empowered to investigate and sanction violators.

Ultimately, the law affirms that all citizens have the right to fair and equal
treatment by government units, including the barangay. Anyone confronted
by profiling-based denial should know that Philippine laws provide avenues
for accountability and redress, reflecting the State’s commitment to uphold
the constitutionally guaranteed rights of every individual.