Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

| HOUSE BILL NO. 1732

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 local 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.

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.

MAXIMO, JR. Y. DAL



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1732

| 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 Congréss assembled:

Section 1. Short Title. — This Act shall be known as the “Magna Carta
of Barangay Health Workers”.

Section 2. Declaration of Policy. —\t 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.
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 United Nations’
Millennium Development Goals (MDGs), the State shall adopt policies that
promote the welfare and well-being of barangay health workers who are the
forefront of the delivery of healthcare at the grassroots level, and which shall
effectively harness their potential as partners in development.

Section 3. Definition. — As used in this Act, the term “barangay health
worker” refers to a person who has undergone training under any accredited
government and nongovernment organization and who voluntarily renders
primary healthcare services in the community after having been accredited
to function as such by the local health board in accordance with the
guidelines promulgated by the Department of Health (DOH) pursuant to
Section 3 of Republic Act No. 7883 otherwise known as the “Barangay
Health Workers’ Benefits and Incentives Act of 1995.”


Section 4. Registration. — Barangay health workers (BHWs) shall be
registered with the local health board in the city or municipality in which they
render service. The registered health workers shall be given appropriate
proof of said registration.

The municipal and city health offices shall regularly maintain and
update the BHW Registry with the assistance of the BHW Federation and
shall submit the same to the municipal or city health board. The local health
offices shall submit a copy of their respective updated BHW registry to the
Provincial Health Office which shall consolidate all registries. Upon the
validation of the Provincial BHW Federation, the consolidated Provincial
Registry| shall be submitted to the Provincial Health Board, and the same
shall be posted in the municipal or city bulletin boards and barangay health
centers.

The Provincial BHW Registry shall be submitted on or before April 30
of every year to the DOH at the regional and national levels for
corsclcaton The DOH is hereby mandated to maintain a national register
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 six (6) months immediately preceding the
date of the filing of application for registration in the barangay as
certified by the Rural Health Midwife (RHM) or public health nurse
\assigned to the barangay and by the head of the barangay health
|workers association;

(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 nongovernmental
organization (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 DOH, to provide the BHW applicants with
basic orientation and training within six (6) months from the date of approval of
their application.

Section 5. 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 the certificate of
accreditation to qualified BHWs. In order to qualify for accreditation, the
applicant BHW must:

(a) Be registered in accordance with Section 4 hereof;

(b) Have completed in the locality 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, that would upgrade and develop
the skills and competency of BHWs to perform their roles. The training
program shall be institutionalized by the DOH, in cooperation with
‘local government units (LGUs).

It shall be the duty of the municipal and city LGUs, in cooperation with the
provincial government and the 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 health boards or through their registration and
accreditation committee shall act on the applications for accreditation of BHWs
not 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.

Section 6. Number and Role of Barangay Health Workers. —
Notwithstanding the limitations prescribed under Section 325(a) of Republic Act
No. 7160, as amended, otherwise known as “The Local Government Code of
1991”, each barangay shall at least have one (1) BHW for every twenty (20)
households.

As one of the key partners in a reformed healthcare delivery system, the
DOH and LGUs shall support the roles of BHWs as:

(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 importance of birth plan and facility-
based delivery in reducing maternal and infant deaths; newborn
‘screening for the early detection of congenital metabolic disorders
which may lead to mental retardation and even death, among others;

(

S

:) Disseminator - to maintain regular communication with local
professional health workers on health events and updates and
concerns relevant to the community and inform the same to the
community for appropriate action, if necessary;

(d) Coordinator - 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 healthcare
services as may be needed in the community in any health event.

A BHW shall not be required to engage in any partisan political activity.

Section 7. Mandatory Appointment of Barangay Health Worker
(BHW). — There shall be appointed at least one (1) BHW in every barangay for
every twenty (20) households who shall be under the supervision and control of
the DOH. The BHW so appointed shall coordinate closely with the local
government health officer in the implementation of health programs in the
locality. As far as practicable, the BHW to be employed must be a resident of

the barangay.

The DOH shall determine the ratio of barangay health workers according
to the number of households: Provided, That there shall be at least one (1) BHW
for every twenty (20) households: Provided, further, That the total number of
barangay health workers nationwide shall not be less than one percent (1%) of
the total population.

Section 8. Incentives and Benefits. — All BHWs who are actively and
regularly performing their duties shall be entitled to monthly honoraria in the
amount of not less than Three thousand pesos (P3,000.00) subject to
adjustment based on the prevailing market value, in addition to the following
incentives and benefits:

(a) Privileges for the BHWs. — All accredited 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 that
may be granted by the commercial establishment 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 value-added tax, 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.

(b)|Hazard Allowance. — All accredited BHWs shall be entitled to hazard
allowance in an amount to be determined by the local health board of
the LGU concerned, which in no case shall be less than One thousand
pesos (P1,000.00) per month, subject to existing laws, rules, and
regulations;

(©)|Subsistence Allowance. — All accredited BHWs who render service
within the premises of isolated barangay health stations shall be
entitled to subsistence allowance equivalent to the meals they take in
the course of their duty, which shall be computed in accordance with
prevailing circumstances as determined by the LGU concerned. such
allowance shall, in no case, be less than One hundred pesos
(P100.00) per day;

(d) Transportation Allowance. — All accredited BHWs, in the performance
of their official duties, shall be entitled to a transportation allowance of
not less than One thousand pesos (P1,000.00) per month, subject to
auditing rules and regulations;

(e) One-time Retirement Cash Incentive. — An accredited BHW who has
continuously and satisfactorily served for at least fifteen (15) years
shall be entitled to a one-time retirement cash incentive of not less
\than Ten thousand pesos (P10,000.00) in recognition of their loyalty
land dedication, which shall be borne by the municipality or city
concerned. The provincial government may provide assistance for this
purpose, in the case of component cities;

(f)| 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 nongovernment

ganizations, provide information on and opportunities for education
and career enrichment for accredited BHWs, such as in the following
programs:

(1) Educational programs which credit the years of primary healthcare

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;

(2)Continuing education, study and exposure tours, grants, field
immersion, and scholarships, among others;

\(3) Scholarship benefits in the form of tuition fees in state colleges, to
be granted to one (1) child of every barangay health worker who
will not be able to take advantage of the program described in
paragraphs (1), (2), and (3) hereof; and

|\(4) Special training programs such as traditional medicine, disaster
preparedness and other programs that address emergent
community health problems and issues.

(g) Health Benefits. — All accredited BHWs shall be entitled to the
following health benefits during their incumbency:

(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;

|

|(2) Emergency assistance not exceeding the amount of Five thousand
pesos (P5,000.00) chargeable against the fund of the barangay
concerned, for expenses incurred in the nearest private hospital or
clinic in case of extreme emergency where there is no available
public hospital;

(3)Mandatory and immediate membership in the PhilHealth as
indirect contributors.

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

(h) Insurance Coverage. — Accredited BHWs shall be granted insurance
coverage and benefits by 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 unique circumstances of the BHWs;

(i) Sick, Vacation and Maternity Leaves. — All accredited BHWs shall be
‘entitled to sick, vacation and maternity leaves as may be prescribed
in the implementing rules and regulations of this Act: Provided, That,
the BHWs shall continue to receive their monthly honoraria while on
leave, for such period in accordance with existing laws and practices.

() |Cash Gift. - All accredited BHWs are entitled to a cash gift 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;

(k) Disability Benefit. - An accredited BHW who sustains an injury or falls
|ill in the course of the performance of their duties shall be entitled to
Two thousand pesos (P2,000.00) for every year of service.

Na person duly accredited as a BHW shall be removed except for a valid
cause to be determined by the Local Health Board (LHB): Provided, That
if found to be unjustly removed from service, a BHW shall be entitled to
reinstatement without loss of benefits and incentives from the time of
termination up to the time of his reinstatement. The LHB shall resolve
termination cases against a BHW judiciously not later than ninety (90)
days from the receipt of a complaint.

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

(m) Preferential Access to Loan Facilities. - 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 organized BHWs access to loan services. The
agencies providing loan services will set aside one percent (1%) of
their loanable funds for organized BHW groups that have community-
based income generating projects in support of health programs or
activities.

Section 9. Review by the Local Health Board. — Every incentive or
benefit for BHWs requiring expenditure of local funds shall be reviewed and
approved by the LHB. Such benefits and incentives may be increased, upon
review of the LHB, after considering, among others, the present Consumer
Price Index (CPI) as published by the Philippine Statistics Authority (PSA).”


Section 10. 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.

Section 11. Protection of BHWs. — The municipal, city, provincial
governments and the Department of the Interior and Local Government (DILG)
shall establish a grievance mechanism as a means of processing complaints of
BHWs against alleged acts of discrimination and unjust removal from the
service. A BHW may appeal their grievances to the DILG.

Section. 12. Right to Self-organization. - A BHW shall have the right
to freely form, join or assist organizations to obtain redress of their grievances
through peaceful concerted activities, in a manner not contrary to law, 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.

Section 13. Representation in the Local Health Board and Primary
Health Care Provider Network. — The president of the municipal or city
association of BHWs shall be a member of the municipal or city local health
board. The presidents of the association of BHWs of each component city and
municipality associations of a province shall elect from among themselves their
representative to the provincial health board: Provided, That, the BHW
representatives to the health boards shall not be allowed to vote on the
reaistration, accreditation and disciplinary or removal complaints of BHWs.

The BHWs shall also form part of the healthcare provider network and
shall participate in the implementation of healthcare services and programs.

Section 14. Continuous Capacity Building for BHWs. — The DOH shall
conduct continuous capacity building for BHWs to enhance and upgrade their
knowledge and skills, including training programs conducted online and in major
Philippine dialects.

The DOH shall, in coordination with TESDA and other concerned
agencies shall also assist the LGUs in the development of education modules
or materials that highlight the collective experiences and learnings of BHWs and
the use of traditional and complementary medicine.

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

The LGUs shall also implement a development program for BHWs that
will allow them to benefit from ladderized training as provided under Republic
Act No. 10968, otherwise known as the “PQF Act,” and Republic Act No. 10647,


otherwise known as the “Ladderized Education Act of 2014,” including
academic credits for health-related courses.

Section 15. Penalty Clause. — Any local government official who violates
any provision of this Act may be administratively and criminally charged in
accordance with law.

Section 16. Appropriations. — The amount necessary for the
implementation of this Act shall be charged against the National Tax Allotment
(NTA) of the LGUs, other local funds and the special health fund under Republic
Act No. 11223 otherwise known as the “Universal Health Care Act”.

Section 17. Implementing Rules and Regulation. — The DOH and the
DILG shall, in consultation with the DepEd, the CSC, the GSIS, and other
concerned government agencies and nongovernmental entities, promulgate the
rules and regulations to implement this Act not later than one hundred eighty
(180) days from the effectivity of this Act.

Section 18. 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.

Section 19. 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 modified
accordingly.

Section 20. Effectivity.— This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a national newspaper of general
circulation.

Approved,