Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 3 33

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

EXPLANATORY NOTE

The proposed measure seeks to recognize barangay officials as regular
government employees with fixed salaries, allowances, insurance, medical
and dental coverage, retirement benefits, representation, travel and such
other fringe benefits in order to enhance the performance of their mandate
to promote the general welfare of their Barangays. The reason for this
proposal is to give meaning to Section 384 of Republic Act No. 7160,
otherwise known as the “Local Government Code of 1991”, provides:

“SEC. 384. Role of the Barangay. - As the basic political
unit, the barangay serves as the primary planning and
implementing unit of government policies, plans, programs,
projects and activities in the community, and as a forum wherein
the collective views of the people may be expressed, crystallized
and considered, and where disputes may be amicably settled.”

Just for the record, this proposal was originally filed by my father, the
late Raul V. Del Mar last 18" Congress.

Last 19" Congress, the same proposal was filed by this representation
and there are also bills of similar nature filed by other members of the
House and thereafter, the Committee created a Technical Working Group to
consolidate and refine the final version. Again, due to lack of time, the same
proposal was not transmitted to the plenary for deliberation. Hence, this bill
is being filed.

Approval thereof is earnestly sought.

RACHEL lachlan DEL MAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

333

HOUSE BILL NO.

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

AN ACT
TO ESTABLISH THE MAGNA CARTA FOR BARANGAYS

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

1. TITLE, DECLARATION OF POLICY AND GENERAL PRINCIPLES

SECTION 1. Short Title. - This Act shall be known as “The Magna
Carta for Barangays”.

SEC. 2. Declaration of Policy. - It is the policy of the State to
promote, develop and improve the general welfare of barangay residents,
raise the economic and social status of barangay officials, grant every
barangay, the basic facilities for decent, health and comfortable living
therein and provide new measures that will inspire its enjoyment of local
autonomy to ensure the effective performance of its role as the primary
planning and implementing unit of government programs, projects and
activities, and as a forum in which the collective views of the people in the
community may be crystalized and considered.

SEC. 3. General Principles. - The following are the general
principles of this Act:

The national government shall give more attention to the development
of the barangays, as it is the base of this country’s economy.

a. Every barangay shall be given the authority and capability to solve

its problems on its level.


b. Self-help or people power shall be he guiding principle in all
barangay development projects.

Il. BARANGAY OFFICIALS AS REGULAR GOVERNMENT EMPLOYEES

SEC. 4. The Barangay Officials as Regular Government
Employees. ~ The punong barangay, sangguniang barangay members, the
kabataang barangay chairman, the barangay secretary and barangay
treasurer in all barangays are hereby declared regular employees, and as
such are entitled to fixed salaries, allowances, insurance, medical and
dental coverage, retirement benefits and such other fringe benefits to which
a regular government employee may be entitled to.

SEC. 5. Salaries of Barangay Officials. - As soon as the
appropriate steps and measures are undertaken by each city or municipality
in coordination with the individual barangay involved on matters relating to
the sources of fund and the corresponding appropriation ordinance, which
in no case shall be later than six (6) months from the approval hereof, all
barangay officials mentioned in paragraph 4 hereof shall be entitled to the
following fixed salaries:

a. Punong Barangay - An amount equivalent to the salary of a
sangguniang panlungsod member of his city or a sangguniang
bayan member of his municipality;

b. Six Sangguniang Barangay Members and a Kabataang Barangay
Chairman - An amount equivalent to eight percent (80%) of the
salary of a sangguniang panlungsod member of his city or a
sangguniang bayan member of his municipality;

c. Barangay Secretary and Barangay Treasurer - For each, an
amount equivalent to seventy-five percent (75%) of the salary of a
sangguniang panlungsod of his city or a sangguniang bayan

member of his municipality.

Ill. BASIC PRIORITIES IN THE BARANGAY
SEC. 6. Drinking Water for Every Barangay. ~ It is the right of
every barangay to give a regular supply of clean and portable drinking water.

To attain this goal, every city and municipality, as the case me be, is hereby
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required to construct and/or maintain at least one deep well with pumping
device for drawing drinking water to supply the needs of every one thousand
residents for each barangay within its jurisdiction.

SEC. 7. Transportation for Every Barangay. - It is also the right of
every barangay to have public transportation available at least once a day.
For this purpose, every municipality or city, as the case may be, should
make such necessary representations before the appropriate government
agencies to require public utility companies operating within its jurisdiction
to provide the minimum means of transportation in every barangay.

SEC. 8. Schools, Health Centers and Barangay Halls for the
Barangays. - Every barangay is entitled to have at least one elementary
school: Provided, That there shall be at least one high school for every five (5)
kilometers from the barangay center. It shall also be the right of every
barangay to have one health center and one barangay hall.

IV, MEASURES TO ENSURE THE ENJOYMENT OF LOCAL AUTONOMY

SEC. 9. Automatic Release of Share from National Taxes. — It
shall be the duty of the National Treasury to remit automatically to the
barangays every end of the calendar year their just share from the national
taxes.

SEC. 10. Transfer of Fund to Barangay for the Maintenance of
Roads and Bridges. - All public funds appropriated from the national
treasury for the maintenance of barangay roads and bridges and other
similar constructions shall be transferred or remitted directly to the general
funds of every barangay for their proper disposition by the barangay officials.

SEC. 11. Mandatory Share of Barangays in All Taxes, Fees or
Other Charges. - Twenty-five percent (25%) of all taxes collected on real
property located within the barangay shall be considered barangay funds
and shall be allocated in accordance with existing laws. In addition thereto,
each barangay shall be entitled to ten percent (10%) from all other forms of
taxes, fees, penalties, compromises or other charges collected from persons
residing in the barangay or entities whose offices and/or manufacturing

plant is located within the barangay.


SEC. 12. Equitable Share of the Barangay from the Proceeds of
the Utilization and Development of National Wealth. - Every barangay
shall be entitled to an equitable share of the proceeds derived from the
exploitation, development and utilization of natural wealth within its
territory. The amount of barangay share shall be determined by the city or
municipality concerned after consultations with the concessionaires, the
municipal or city officials and barangay officials, taking into account the
extent of the exposure of the barangay residents to pollution, food and
ecological imbalance: Provided, however, That this equitable sharing rate for
each barangay shall be resolved by all parties concerned not later than six (6)
months from the approval of this Act. Revenues derived from this source
shall also form part of the general fund of the barangay.

V. SUNDRY MATTERS
SEC. 13. Scholarship Grant. - Every barangay shall sponsor at
least one scholarship grant every year leading to any bachelor degree to be
awarded by a committee of five persons appointed by the Sangguniang
Barangay with the approval of the Punong Barangay after competitive
examinations are given to applicants who should be bona fide residents of
the barangay. The grant shall include tuition fees and all other school fees,
reasonable allowances for schoolbooks, supplies and transportation and
other expenses as the barangay may deem appropriate
SEC. 14. Priority in Employment. - Residents in every barangay
shall have the priority in the hiring of workers and laborers to be needed in
any government construction or development projects within the barangay.
SEC. 15. Cooperative Enterprise. — Cooperative enterprises in the
barangay shall be encouraged and every barangay is directed to give full
assistance for the establishment and organization of said enterprises and to
take every possible effort to make cooperative undertakings a way of life in

the barangay.

VI. ADMINISTRATION AND ENFORCEMENT
SEC. 16. Rules and Regulations. - The Secretary of Department of

Interior and Local Government shall promulgate such rules and regulations
4


as may be necessary to implement the provisions of this Act. Rules and
Regulations issued pursuant to this Section shall take effect thirty (30) days
after publication in a national newspaper of general circulation and by such
other means as the Secretary of Local Government deems reasonably
sufficient to give interested parties general notice of such issuance.

SEC. 17. Budgetary Estimates. - The Secretary of Department of
Interior and Local Government shall submit to the Congress the necessary
budgetary estimates to implement the provisions of this Act concerning the
allowances, insurance, medical, dental and retirement benefits and other
fringe benefits of barangay officials, the basic priorities in the barangays and
the barangay scholarship grant.

SEC. 18. Penal Provision. - Any person who shall willfully interfere
with, restrain or coerce any barangay official or barangay resident in the
exercise of his or their rights guaranteed by this Act or who shall in any
other manner commit any act to defeat any of the provisions of this Act shall,
upon conviction, be punished by a fine of not less than five hundred pesos
nor more than two thousand pesos, or by imprisonment of six months and
one day, or both, subject to the discretion of the court.

If the offender if a public official, the court shall order his dismissal
from the government service.

SEC. 19. Repealing Clause. - All Acts and decrees, executive orders,
implementing rules and regulations or parts thereof, inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 20. Separability Clause. - If any provisions of this Act are
declared invalid, the remainder or any provisions thereof not affected
thereby shall remain in force and effect.

SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in tow (2) national newspapers of
general circulation.

Approved,