Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

TWENTIETH CONGRESS.
First Regular Session

HOUSE BILL NO._3284

INTRODUCED BY REP. MAXIMO JR. Y. DALOG

EXPLANATORY NOTE

Barangay Health Workers (BHWs) play a crucial role in the delivery of primary
health care services in the community and in the most remote and rural areas in the
country. They are at the frontline of educating the community in preventing simple
diseases, monitoring members of the community in need of care and reporting
important data needed by the focal health board for making policy. Moreover, during
calamities, BHWs are the first responders in checking on members of the community
needing primary health care and in distributing aid and relief packs to affected
members.

In addition, at the onset of the Covid 19 pandemic, the BHWs were the ones
placed at the forefront, monitoring members of the community who were on home
quarantine, distributing face masks and other essential goods and distributing food
packs and relief goods to members of the community.

Ne

Yet despite the very vital function BHWs play in the community which is most
of the time considered full time work, they are treated as volunteers under our present
laws.

This bill seeks to recognize the indispensable role of BHWs by providing a
reasonable set of incentives and benefits, enhancing the benefits provided by virtue
of Republic Act 7883 otherwise known as Barangay Health Workers’ Benefits and
Incentives Act of 1995.

In view of the foregoing, the passage of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 3284

INTRODUCED BY REP. MAXIMO JR. Y. DALOG

AN ACT PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH
WORKERS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shal! be known as the “Magna Carta of
Barangay Health Workers.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State
to protect and promote the right to health of people and adopt an integrated and
comprehensive approach to health development, and pursuant thereto, it shall
endeavor to make essential goods, healthcare and other social services available to
all the people. In line with the country’s commitment to accomplish health indicator
targets under the United Nations sustainable development goals, the State shall adopt
policies that promote the welfare and well-being of barangay health workers who are
the forefront of the delivery of health care at the grassroots level, and effectively
harness their potential as partners in development.

SEC. 3. Definition. — As used in this Act, the term ‘barangay health worker’
tefers to a person who has undergone training under any accredited government or
non-government organization (NGO), and who voluntarily renders primary healthcare
services in the community after having been accredited to function as such by the local
health board.

SEC. 4, Coverage. - This Act shall apply to all barangay health workers
(BHWs) as defined under Section 3 of this Act: Provided, That all incentives and
benefits granted under this Act shall extend only to duly accredited BHWs, who have
undergone at least two (2) years of training: Provided, however, That duly registered
barangay health workers shall be entitled to a monthly honoraria and hazard allowance
as provided in Sec. 9 herein: Provided, further, That when the BHW receives a fixed


salary under a permanent appointment in any government office, by election to
another public office or by employment in the private sector, coverage under this Act
shall automatically cease and the BHW shall be covered under applicable laws.

SEC. 5. Registration. — All BHWs shall be registered with the local health
board in the city or municipality in which they render service. Registered BHWs shall
be given appropriate proof of said registration.

The municipal and city health offices shall regularly update and maintain the
BHW Registry with the assistance of the BHW Federation. The BHW Registry shall be
subject to the approval of the municipal or city health board. The local health offices
shall submit a copy of the updated and duly approved registry to the Provincial Health
Office for consolidation and validation with the assistance of the Provincial BHW
Federation, which shall also be subject to the approval of the Provincial Health Board.
The Provincial BHW Registry shall be posted in the municipality of city bulletin board
and barangay health centers.

The Provincial BHW Registry shall be submitted on or before April 30 of every
year to the Department of Health (DOH) at the regional and national levels for
consolidation. The DOH is hereby mandated to maintain a national registry of BHWs.

In order to qualify for registration, a Barangay Health Worker must:

(a) Have rendered basic community health care services continuously and
satisfactorily for at least (6) months immediately preceding the date of the
filing of application for registration in the barangay as recommended by the
Rural Health Midwife (RHM) or public health nurse assigned to the barangay
and by the head of the barangay health workers association and certified by
the Sangguniang Barangay;

(b) Have completed the basic orientation and training for BHWs as prescribed
by the DOH and conducted by an accredited government agency, or DOH-
recognized academic institution, or (NGO);

(c) Be at least eighteen (18) years of age at the date of the filing of the
application for registration; and

(d) Be physically and mentally fit.

It shall be the duty of the municipal and city health offices, in cooperation with
the Provincial health Office and the DOH, to provide BHW applicants basic orientation
and training within six (6) months from the date of approval of their application.

SEC. 6. Accreditation. — To further professionalize the health care services
rendered by the BHWs and ensure the health and welfare of the community, a duly
registered BHW must be accredited by the municipal or city health board.

The municipal or city health board shall issue a certificate of accreditation to
qualified BHWs. In order to qualify for accreditation, the applicant BHW must:

(a) Be registered in accordance with Section 5 hereof;
(b) Have satisfactory undertaken the role of a BHW in the locality as provided
for in Section 7 hereof, for at least two (2) years of continuous and


satisfactory service immediately prior to the filing of application for
accreditation;

(c) Have completed a regular training program on health care service and
community-based health program in order to upgrade and develop the skills
and competency required of a BHW. The training program shall be
institutionalized by the DOH, in cooperation with local government units
(LGUs).

It shall be the duty of the municipal or city government, as the base maybe, in
cooperation with the provincial government and DOH, to provide the applicant BHWs
the necessary support and opportunities for accreditation.

A BHW must complete the regular training program on health care service and
community-based health program within five (5) years from registration.

The municipal and city boards or through their registration and accreditation
committee shall act on the application for accreditation of BHWs not than later than
thirty (30) days from the date of application.

The DOH shall also maintain an updated roster of accredited BHWs that is
accessible to the general public.

SEC. 7. Roles, and Duties and Responsibilities of Barangay Health
Workers. — As one of the key partners in a reformed health care delivery system, the
DOH and LGUs shall support BHWs as they perform the following roles:

(a) Advocate — to support, promote and champion current health programs,
projects, and activities to improve access to quality health services towards
the improved health status of the community;

(b) Educator — to guide and advise the community on the current DOH and
health priorities of LGUs such as the importance of a birth plan and facility-
based delivery in reducing maternal and infant deaths; newborn screening
for the early detection of congenital metabolic disorders which may leads to
mental retardation and even death, among others;

(c) Disseminator — to maintain regular communication with local professional
health workers on health evets and updates and concerns relevant to the
community and inform the same to the community for appropriate action, if
necessary;

(d) Linker — to facilitate access to any group or association of the community
with a relevant network of or specific health and non-health service
providers;

(e) Record Keeper — to maintain updated records of health data, health
activities and events in the community;

(f) Health Care Service Provider — to assist and provide basic health care
services as may be needed in the community in any health event.

The BHW shall perform the following duties and responsibilities:

(a) Height and weight monitoring and reporting the same to the barangay;


(b) Monitoring and following up of defaulted cases of immunization, family
planning, tuberculosis compliance to treatment and others, and reporting
the same to the barangay;

(c) Reporting to the barangay any incidence of disease or any health cases in
the community;

(d) Communicating and coordinating with the community to participate in
barangay health center activities;

(e) Gathering of data about overall status of health of the community;

(f) Administering first aid;

(g) Conducting health visits;

(h) Conducting birth planning for pregnant women:

{i) Conducting health education;

(i) Strengthening referral systems;

(k) Collecting sputum;

() Identifying people with disease and sickness;

(m)Community health profiling;

(n) Psychosocial debriefing for stress and post-calamity initiatives;

(0) Responding in natural calamities and disasters; and

(p) Coordinating closely with the local government health officer in the
implementation of health programs in the locality.

SEC. 8. Number of Barangay Health Workers (BHWs). — Subject to relevant
laws, and in coordination with relevant government agencies and respective local
government units, the number of BHWs in every barangay shall be guided by and
based on the particular need of the barangay for BHW services.

The DOH shall determine the ideal ration of barangay health workers to the
number of households: Provided, That the total number of barangay health workers
nationwide shall not be less than one percent (1%) of the total population.

The residents of the barangay must be given preference in the employment of
BHWs.

SEC. 9. Incentives and Benefits. — All
regularly performing their duties and responsi
incentives and benefits:

redited BHWs who are actively and
ies shall be entitled to the following

(a) Monthly Honoraria in the amount of not less than Three Thousand Pesos
(Php 3,000.00), subject to adjustment based on the prevailing market value;

(b) Hazard Allowance in an amount to be determined by the local health board
of LGU concerned, which in no case shall be less than One Thousand
Pesos (Php 1,000.00) per month, subject to existing laws, rules, and
regulations;

(c) Subsistence Allowance equivalent to the meals they take in the course of
their duty, which shall be computed in accordance with prevailing conditions
as determined by the LGU concerned, which in no case shail be less than
One Hundred Pesos (Php 100.00) per day: Provided, That the accredited


BHW shall render service within the premises of isolated barangay health
stations in order to make it available at any and all times;

(d) Transportation Allowance of not less than One Thousand Pesos (Php
1,000.00) per month, subject to auditing rules and regulations, on the
condition that the availment of transportation services are in line with the
performance of the BHW’s official duties and responsibilities;

(e) One-time Gratuity cash Incentive of not less than Ten Thousand Pesos (Php
10,000.00) in recognition of the BHW’s loyalty and dedication and for having
continuously and satisfactorily served for at least fifteen (15) years;

(f) Discount Privileges for BHWs. — All BHWs shall be entitled to twenty percent
(20%) discount on all the items enumerated under Section 4(a) of Republic
Act No. 9994, otherwise known as the Expanded Senior Citizens Act of
2010: Provided, That the privileges shall not be claimed if the BHW is
eligible for a higher discount as may be granted by the commercial
establishment and/or other existing laws.

The commercial establishment may claim the discount granted under this
section as tax deduction based on the cost of goods sold or services
rendered: Provided, That the discount shall be allowed as deduction from
the gross income for the same taxable year that the discount is granted:
Provided further, That the total amount of the claimed tax deduction net of
VAT, if applicable, shall be included in their gross sales receipt for tax
purposes and shall be subject to proper documentation and to the provisions
of the National Internal Revenue Code of 1997, as amended.

(g) Training, Education, and Career Enrichment Programs. — The DOH shall, in
coordination with the Department of Education (DepEd), Commission on
Higher Education (CHED), Technical Education and Skills Development
Authority (TESDA), DOH-recognized academic institutions, other
concerned agencies and non-government organizations, provide
information on and opportunities for education and career enrichment for
accredited BHWs, such as the following:

1) Educational programs which credit the years of primary health care

service of the BHW towards higher education completion in

institutions with stepladder curricula, thus allowing them to upgrade

their skills and knowledge for community work or to pursue further

training as midwives, pharmacists, nurses or doctors;

Continuing education, study and exposure tours, grants, field

immersions, scholarships; and

3) Special training programs such as traditional medicine, disaster
preparedness and other programs that address emergent community
health problems and issues.

2)

(h) Health benefits. — During their incumbency, all BHWs are entitled to the
following health benefits:


1) Free medical care, including surgery and surgical expenses,
medicines, x-ray and other laboratory fees, when confined in any
public hospital or health institution;

Emergency assistance not exceeding the amount of five thousand
pesos (Php 5,000.00) chargeable against the fund of the barangay
concermed, for expenses incurred in the nearest private hospital or
clinic in case of extreme emergency where there is no available
public hospital;

Mandatory and immediate membership in the Philippine Health
Insurance Corporation (Philhealth) as indirect contributors.

2)

3)

(i) Insurance Coverage. — All BHWs shall be granted insurance coverage and
benefits from the Government Service Insurance System (GSIS) which shall
be borne by the LGU concerned. For this purpose, the GSIS shall design an
insurance benefit package suited to the needs and status of BHWs:

@) Sick and Matemity Leaves. — All BHWs shall be entitled to sick and
maternity leaves as prescribed by the Local Health Board: Provided, That,
the BHWs shall continue to receive their monthly honoraria while on leave,
for such period in accordance with existing laws and practices;

(k) Cash Gift. — All accredited BHWs are entitled to cash gift of not less than
the minimum monthly honoraria to be given every December from the
general fund of the barangay or from such other funds appropriated by the
national government for the purpose;

() Disability Benefit - An accredited BHW who sustains injury or sickness in
the course of the performance of their duties shall be entitled to Two
Thousand Pesos (Php 2,000.00) for every year of service;

(m) Civil Service Eligibility. ~ A second grade eligibility shall be granted to
accredited BHWs who have rendered five (5) years continuous service as
such: Provided, That, should a BHW become a regular employee of the
government, the total numbers of years served as such shall be credited to
the BHWs services in computing the retirement benefits;

(n) Free Legal Services. - Legal representation and consultation services shall
be immediately provided by the Public Attorney's Office to an accredited
BHW in cases of coercion, interference, and in other civil and criminal cases
filed by or against BHWs arising out of or in connection with the performance
of their duties as such;

(0) Preferential Access to Loan. - The DOH in coordination with other
concerned government agencies shall provide, within One Hundred Eighty
(180) days after the effectivity of this Act, a mechanism that shall provide
BHWs organized access to loan services. The agencies providing loan
services will set aside one percent (1%) of their projects loanable funds for
organized BHW groups that have community-based income generating
projects in support of health programs or activities.

Notwithstanding the limitations under this section, all registered BHWs shall be
entitled to monthly honoraria and hazard allowance.

The LGUs concerned shall also endeavor to provide other health benefits to
BHWs not otherwise provided by law.


SEC. 10. Annual Review. — The local health boards shall conduct an annual
review of the BHW program, performance, as well as the benefits, incentives and
allowance enumerated in the immediately preceding Section taking into consideration
the current consumer price index as published by the Philippine Statistics Authority.

SEC. 11. Discrimination Prohibited. - Discrimination against any BHW by
reason of gender, civil status, creed, religious, or political beliefs and ethnic groupings
in the exercise of their functions and responsibilities is hereby prohibited.

SEC. 12. Protection of BHWs. — No accredited BHW shall be removed except
for a valid cause as determined by the Local Health Board (LHB). The LHB shall
resolve termination cases against BHWs judiciously and not later than ninety (90) days
from the receipt of a complaint: Provided, That if a BHW is found to be unjustly
removed from service, the BHW shall be entitled to reinstatement without loss of
benefits and incentives from the time of termination up to the time of reinstatement.

SEC. 13. Grievance Mechanism. - The LHB shall establish a grievance
mechanism as a means of processing complaints of BHWs against alleged acts of
discrimination and unjust removal form the service. The decisions rendered by the
LHB shall be final and executory.

SEC. 14, Municipal. City, Provincial and National Federation of BHWs. —
There shall be an organization of accredited BHWs for the purpose of electing the
municipal, city, provincial, and national-level federation in order to ventilate, articulate,
and crystalize issues affecting health care delivery system and with utmost regard to
service to patients and the continuous operation of barangay health services in the
interest of public health, safety, or survival of patients.

The BHW federation for municipalities, cities, and provinces shall elect
respective local federation boards of directors to be headed by a president. A
Secretary-General shall be chosen from among the national federation members to
manage the day-to-day operation and activities of the federation. The respective
boards of directors may create such other positions as may be necessary for the
management of the affairs of the local and national federation.

SEC. 15. Representation in the Local Health Board and Primary Health
Care Provider Network. — The President of the municipal or city federation of BHWs
shall be a member of the municipal or city local health board. The respective
presidents of the federation of BHWs of each city and municipality federation of a
province shall elect from among themselves their representative to the provincial
health board: Provided, That the BHW representatives to the local health boards shall
not be allowed to vote on the registration, accreditation, and disciplinary or removal
complaints of BHWs.

The BHWs shall also be part of the health care provider network, in the
implementation of health care services and programs.

SEC. 16. Prohibition from Engaging in Partisan Political Activity. - No
BHW shall engage in any partisan political activity.


SEC. 17. Continuous Capacity Building for BHWs. — The DOH shall conduct
continuous capacity building for BHWs that will enhance and upgrade their knowledge
and skills through various forms including only learning and multimedia in major
Philippine dialects.

The DOH shall, in coordination with TESDA and other concemed agencies,
assist the LGUs in the development of education modules or materials to promote the
collective experiences and learning of BHWs as well as to promote traditional and
complementary medicine.

The LGUs shall endeavor to establish their own training centers for their BHWs
and other health workers in coordination with the TESDA, NGOs and other agencies
concerned.

The LGUs shall also implement a development program for BHWs that will
allow them to benefit from the ladderized training as provided under Republic Act No.
10968, otherwise known as the Philippine Qualification Framework Act, and Republic
Act 10647, otherwise known as the Ladderized Education Act of 2014, including
academic credits for health-related courses.

SEC. 18. Observance of BHW Day. — Every barangay shall commemorate
BHW Day during April 7 of every year in recognition of the service of Barangay Health
Workers, their heroic services in times of crises, and their indispensable role in
promoting health and wellness among the citizenry.

The DOH, in cooperation with the Department of Interior and Local Government
(DILG) and alll local government unit shall hold simple ceremonies or activities to
highlight the indispensable role of BHWs in nation-building.

SEC. 19. Penalty Clause. — Any local government official who violates any
provision of this Act may be administratively and criminally charged in accordance with
law.

‘SEC. 20. Appropriations. - The amount necessary for the implementation of
this Act shall be charged against the National Tax Allotment of the LGUs, other local
funds, the special health fund under Republic Act No. 11223, otherwise known as the
“Universal Health Care Act”.

SEC. 21. Implementing Rules and Regulations. — The DOH and the DILG
shall, in consultation with the DepEd, CSC, GSIS, and other concerned agencies and
non-governmental entities, promulgate the rules and regulations to implement this Act
not later than One Hundred Eighty (180) days from the effectivity of this Act.

SEC. 22. Separability Clause. — If any portion or provision of this Act is
declared invalid or unconstitutional, other provisions hereof shall remain in full force
and effect.

SEC. 23. Repealing Clause. — Republic Act No. 7883, otherwise known as the
“Barangay Health Workers’ Benefits and Incentives Act of 1995” is hereby repealed.


All laws, decrees, executive orders, rules and regulations, which are inconsistent with
this Act are hereby repealed or amended or accordingly.

SEC. 24. Effectivity. - This Act shall take effect fifteen days (15) after its
Publication in the Official Gazette or in a national newspaper of general circulation.

Approved,