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Republic of the Philippines i" RECEIVED “2
HOUSE OF REPRESENTATIVES [/- ee 1 JUL, 2019
Quezon City, Metro Manila a 2 Be,
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EIGHTEENTH CONGRESS ~
First Regular Session my &

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HOUSE BILL No. __874 ma

INTRODUCED BY REP. JOHN REYNALD M. TIANGCO

EXPLANATORY NOTE

With the devolution of health services to local government units (LGUs)
through the Local Government Code of 1991, Barangay Health Workers
(BHWs) have since served as indispensable frontliners in the delivery and
promotion of the government's healthcare programs and services. They have
provided vital services in our health and nutrition education, family planning
campaigns and services, maternal, newborn and child health care,
immunization programs, and the promotion of good hygiene and sanitation
practices. In our Barangay Health Centers, they have provided the necessary
assistance to physicians, nurses, or midwives for primary health care, or
birthing services.

Unfortunately, the existing law, Republic Act No. 7883, otherwise
known as the “Barangay Health Workers’ Benefits and Incentives Act of
1995,” treats BHWs as mere volunteers that are entitled to mere allowances
and other incentives that are incommensurate with the services they give as
public health workers. They are not given, moreover, the security of tenure
that befits the level of commitment necessitated by the role that BHWs play.

In acknowledgment of the existing policy shortfall, and of the
importance of the role and services of BHWs in the delivery of our primary
health care services in the community, this measure proposes to grant BHWs
the compensation and benefits package, including security of tenure, of public
health workers.

This change of policy is also aimed to further strengthen and improve
the government's delivery of health care services by empowering BHWs and
improving and systematizing their services.

In view of the foregoing, the passage of this measure is eamestly

sought.
Ae rn


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _874

INTRODUCED BY REP. JOHN REYNALD M. TIANGCO

AN ACT MANDATING THE APPOINTMENT OF BARANGAY HEALTH
WORKERS IN BARANGAYS, AND PROVIDING FOR THEIR DUTIES AND.
RESPONSIBILITIES, COMPENSATION AND BENEFITS,

AND FOR OTHER PURPOSES

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

Section 1. Short Title - This Act shall be known as the “Barangay Health
Workers Act of 2019.”

Section 2. Declaration of Policy - It is hereby declared the policy of the
State to protect and promote the right to health of the people by providing the
conditions of health empowerment, where each individual has adequate
access to information and services that will bring about health and well-being,
and by delivering effective health care programs and services based on the
needs of the communities.

Towards this end, the State recognizes that the Primary Health Care
Approach is an effective strategy towards realizing health empowerment and
effective health care programs and services through community-based
participatory strategies.

The State recognizes, moreover, the indispensable role of Barangay Health
Workers as the front liners in the Primary Health Care Approach; and the
importance of strengthening and systematizing their services, and of providing
them just compensation, consistent with the principle of equal pay for equal
work and work of equal value.

Section 3. Definition of Terms. — As used in this Act:

a.) Barangay Health Worker (BHW) - shall refer to a person who is
appointed to act as a health worker in a barangay unit in accordance
with Section 4 hereof,

b.) Magna Carta for Public Health Workers — shall refer to Republic Act
No. 7305; and


c.) Public Health Worker (PHW) - shall be as defined in Sec. 3 of the
Magna Carta for Public Health Workers as referring to all persons who
are engaged in health and health-related work, all persons employed in
all hospitals, sanitaria, health infirmaries, health centers, rural health
units, barangay health stations, clinics and other health-related
establishments owned and operated by the Government or its political
subdivisions with original charters and shall include medical, allied
health professional, administrative and support personnel employed
regardless of their employment status.

Section 4. Appointment and Qualifications. — There shall be appointed in
each barangay such number of BHWs as the Department of Health (DOH)
shall determine and recommend in consideration of the number of households
in a barangay; provided, that the total number of BHWs per barangay shall not
be less than three (3), nor more than one percent (1%) of the barangay’s total
population

The city or municipal mayor, as the case may be, shall appoint the BHWs in
all barangays in the city or municipality on the strength of their accreditation
by the local health board; provided, that the local health board shall only issue
accreditation to the following:

a.) A person who has completed the BHW training program of the DOH, or
the Technical Education and Skills Development Authority (TESDA), or
undergone a training specific for BHW by a TESDA-accredited or
DOH-accredited institution, and has passed the BHW training
assessment, and obtained the certification therefor;

b.) All active barangay health workers at the time of the effectivity of this
Act, regardless of accreditation or training status, who have previously
served for at least one (1) year; provided, that they undergo and pass
the BHW assessment by DOH/TESDA-accredited assessors, and
obtained the equivalent certification.

All active and existing barangay health workers accredited by the local health
board under Republic Act No. 7883 shall be given preference in the
appointment of BHWs pursuant to this Act.

Section 5. Duties and Responsibilities. - The BHWs shall perform in their
respective barangays the followings duties and responsibilities:

a.) Those which the DOH, or the city, municipal or barangay Sanggunian
shall provide by ordinance, subject to the guidelines to be promulgated
jointly by the DOH and Department of Interior and Local Government
(DILG), in connection with the delivery of basic and primary health care
services, the implementation of family planning, feeding and nutrition,
and immunization programs, disaster response and mitigation,
sanitation programs, and anti-drug abuse rehabilitation and information


campaigns, and the establishment of national or local health
management information systems;

b.) Provide assistance to physicians, dentists, nurses, nutritionists, or
midwives who are employed, stationed, or are otherwise providing

services at the barangay health center, daycare center or birthing
center,

cc.) Administer first aids, and respond in natural calamities and disaster;
and

d.) Gather data about the health profile of the barangay, incidence of
communicable or chronic diseases, environmental or health hazards in
the barangay, and other public health-relevant event or information,
and report the same to the local health board.

Section 6. Compensation and Benefits. — The entry pay level of a BHW
shall be the prevailing rate equivalent to Salary Grade One (SG 1).

BHWs shall also be entitled to the following standards, incentives, and
benefits provided for Public Health Workers under the Magna Carta for Public
Health Workers:

a.) Normal hours of work;

b.) Overtime pay for overtime work;
c.) Rest day;

d.) Night-shift differential;

e.) Hazard allowance;

f.) Subsistence allowance;
g.) Longevity pay;

h.) Free medical examination;
i.) Compensation for injuries;
j.) Leave benefits;

k.) Retirement pay; and

1.) Right to self organization.

Further, BHWs shall be covered by the existing statutory benefits such as
GSIS, Philhealth, and Pag-ibig, and be entitled to the following additional
benefits:

a.) Training, Education and Career Enrichment Programs.— The DOH, in
coordination with the DILG, other government departments, agencies
and non-government organizations, shall provide opportunities for the
following:

1.) Educational programs which shall recognize years of primary
health care service as credits to higher education in institutions
with stepladder curricula that will entitle BHWs to upgrade their
skills and knowledge for community work or to pursue further
training as midwives, pharmacists, nurses or doctors;


2.) Continuing education, study and exposure tours, training, grants,
field immersion, scholarships, etc.; and

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

b.) Free Legal Services.— Legal representation and consultation services
for barangay health workers shall be immediately provided by the
Public Attorneys Office in cases of coercion, interference, and in other
civil and criminal cases filed by or against barangay health workers

arising out of or in connection with the performance of their duties as
such.

c.) Preferential Access to Loans.— The DOH in coordination with other
concerned government agencies shall provide a mechanism for access
to loan services by organized barangay health workers. The agencies
providing loan services will set aside one percent (1%) of their loanable
funds for organized barangay health worker groups that have
community-based income generating projects in support of health
programs or activities.

Section 7. Security of Tenure. — All duly appointed BHWs shall not be
terminated except for cause provided under existing civil service rules and
regulations, and only after notice and hearing; provided, that if a BHW is
found by the Civil Service Commission to be unjustly dismissed from work,
he/she shall be entitled to reinstatement without loss of seniority rights and to
his/her back wages with twelve percent (12%) interest computed from the
time his/her compensation was withheld from his/her up to time of
reinstatement.

Section 8. Implementing Agencies. - Within one (1) year from the
effectivity of this Act, the DOH, DILG, TESDA and local government units
shall immediately appropriate funds necessary for the full implementation of
this Act.

Within the same period, the DOH, DILG, and TESDA shall formulate, launch
and institutionalize the BHW training program, assessment, and national
certification program.

Section 9. Implementing Rules and Regulations. — Within six (6) months
from the effectivity of this Act, the DOH and DILG, in consultation with the
local government units, and existing health workers union and barangay
health workers organizations, shall provide the implementing rules and
regulations to carry out the provisions of this Act.

Section 10. Repealing Clause. —Republic Act No. 7883 otherwise known as
the"Barangay Health Workers Benefits and Incentives Act of 1995", is hereby
repealed. All other laws, decrees, orders, circulars, issuances, rules and


regulations and parts thereof which are inconsistent with this act are hereby
repealed, amended or modified accordingly.

Section 11. Separability Clause. - If any provision of this Act is
subsequently declared unconstitutional, the validity of the remaining
provisions hereof shall remain in full force and effect.

Section 12. Effectivity. - This Act shall take effect fifteen days (15) after its
complete publication in at least two (2) newspapers of general circulation in
the Philippines.

Approved,