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REPUBLIC OF THE PHILIPPINES REE is
HOUSE OF REPRESENTATIVES [> ©9°¢ S 2018
Quezon City TNE =
6 PY
SEVENTEENTH CONGRESS Sy
Second Regular Session 2 np
House Bill No. 8047

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO.

EXPLANATORY NOTE

Section 384 of Republic Act 7160, otherwise known as the Local Government Code of 1991
provides that:

“SECTION 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.”

As has been provided, the barangay is the frontline of the local government unit: the most
ible to the people and most accountable to it. The barangay however, remains underutilized,
its impact in the administration of their respective jurisdictions minimal, and its power blunted by
far more complex issues and problems, which are not within the capacities of its office.

Empowering the barangay then should be one of Congress’ imperatives. The barangay shall
have additional powers in order for it to better perform its mandate and cope with the evolving
demands of it being the government's basic political unit. Among such powers, as this Act aims to
provide, is the issuance of business licenses and permits for small-scale enterprises; the issuance of
building permits, within the barangay for one floor/storey buildings and/residence with a floor area
not exceeding 120 square meters through the Barangay Building Official; and grant permits to
extract sand, gravel and other quarry resources for small-scale extraction activities.

‘The new powers to be granted by this Act shall ease the workload of the city/municipality
government involved by the devolution of such powers to the barangay-level. Moreover, the
barangay who is most closely acquainted to their localities will have the power to determine
businesses or structures beneficial or inimical to its people’s interests. Furthermore, as the barangay
is the most susceptible to the adverse effects of mining, empowering it to regulate small-scale
‘quarry activities and having it earn its fair share of the proceeds from taxing such activities is just
and reasonable.

If we are to reinvent government to perform at its maximally efficient capacity, empowering
the barangay is vital and necessary. It is time to enhance the barangay’s capacities.

In view of the foregoing, approval of this measure is earnestly sought.

‘C. Alejano


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No._ 8047

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
EMPOWERING THE BARANGAY, AMENDING FOR THIS PURPOSE VARIOUS
PROVISIONS OF REPUBLIC ACT NO. 7160 OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991 AND FOR OTHER PURPOSES

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

SECTION 1. Short Title.—This Act shall be known as the “Barangay Empowerment Act.”

SEC. 2. Declaration of Policy.—It is hereby declared the policy of the State that the
barangay, which is the basic political unit of the State, shall further be empowered to enjoy genuine
and meaningful local autonomy, enabling them to enhance their capabilities, attain their fullest
development as self-reliant communities and make them more effective partners in nation-building.

SEC. 3. Scope of Application.—This Act shall apply to all barangays with a population of
at least three thousand (3000) inhabitants as certified by the Philippine Statistics Authority, already
existing upon the effectivity of this Act and as may be created by law.

SEC. 4. Barangay Building Official.—There shall be created a position of a Barangay
Building Official in all barangays provided of a Barangay Building Official in all barangays
provided for in Section 3 hereof. No person shall be appointed barangay building official unless he
or she possesses the following qualifications:

a. A Filipino citizen, of good moral character and a resident of the barangay;

b. A duly registered architect or civil engineer;

c. A member in good standing of a duly accredited organization of his profession for not
less than 12 months;

d. Has at least two (2) years of diversified and professional experience in building and
construction.


‘The barangay building official shall be under the supervision of the Secretary of the
Department of Public Works and Highways per Presidential Decree No. 1096 and its implementing
rules and regulations and shall enforce the provisions of the same within the barangay; Provided
‘That, the barangay building official shall be responsible for the of building permits within
the barangay for one floor/storey buildings and/or residence with a floor area not exceeding 120
‘square meters.

SEC. 5. Additional Powers.—The Punong Barangay shall:

a. Issue business licenses and permits and suspend or revoke the same for any violation of
the conditions upon which the said licenses or permits had been issued, pursuant to the law or
ordinance: Provided That, the exercise of this power shall be limited to convenience stores and
other small business establishments with an annual gross income of one million pesos
(P1,000,000,000.00) or less;

b. Upon approval by a majority of all the members of the Sangunniang Barangay, appoint or
replace a barangay building official and provide for compensation and reasonable allowances
pursuant to Section 381 (10) of Republic Act No. 7160;

c. Issue permits, without the need of approval therefor from any national or local agency, for
the holding of activities for any charitable or welfare purpose, excluding prohibited games of
chance or shows contrary to law, public policy and morals;

d. Require owners of illegally constructed single floor houses, buildings or other structures
to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or
ordinance, or to make necessary changes in the construction of the same when said construction
violates any law or ordinance, or to order the demolition or removal of said house, building or
structure within the period prescribed by law or ordinance;

. Act as a collecting agent, after being deputized by the local treasurer, for the
municipality/city of license fees for signs, signboards, or billboards at the place or places where the
profession or business advertised thereby is, in whole or in part, conducted: Provided That, the
barangay shall retain thirty percent (30%) of the collection which shall be entered into its book and
appropriated for development projects: Provided finally that, the seventy percent (70%) shall
‘accrue to the municipality/city concerned;

SEC. 6. Section 138 of Republic Act No. 7160 otherwise known as the Local Government
Code of 1991, is hereby amended to read as follows:

“Sec. 138. Resources Tax on Sand, Gravel and Other Quarry. — The province may levy and
collect more than ten percent (10%) of the fair market value in the locality per cubic meter
of ordinary stones, sand, gravel, earth, and other quarry resources, as defined by the
National Internal Revenue Code, as amended, extracted from public lands or from the beds
of the seas, lakes, rivers, streams, creeks, and other public water within its territorial
jurisdiction.



‘The permit to extract sand, gravel and other quarry resources shall be issued exclusively by
the provincial governor FOR MEDIUM AND LARGE-SCALE EXTRACTION
ACTIVITIES, pursuant to the ordinance of the sangguniang panlalawaigan: Provided That,
PERMIT TO EXTRACT SAND, GRAVEL AND OTHER QUARRY RESOURCES FOR
SMALL-SCALE EXTRACTION ACTIVITIES IN ACCORDANCE WITH REPUBLIC
ACT NO. 7942, OTHERWISE KNOWN AS THE PHILIPPINE MINING ACT, SHALL
BE ISSUED EXCLUSIVELY BY THE PUNONG BARANGAY, PURSUANT TO THE
ORDINANCE OF THE SANGGUNIANG BARANGAY.

‘The proceeds of the tax on sand, gravel and other quarry resources shall be distributed as
follows:
(1) Province — [Thirty] TWENTY percent (20%)

(2) Component City or Municipality where the sand, gravel, and other quarry
resources are extracted — Thirty percent (30%); and

(3) Barangay where the sand, gravel, and other quarry resources are extracted —
[Forty] FIFTY percent (50%).

SEC. 7. Procedure of Appeal.—In the exercise of the additional powers granted herein, the
aggrieved party may file an appeal to the municipality or city concened. The municipality/city shall
have fifteen (15) days to dispose of the matter, or the same shall be construed as final.

SEC. 8. Review Powers Among Local Governments.—The procedure of review of
executive orders in the exercise of the powers granted herein shall be in accordance with Section 30
of Republic Act No. 7160 or the Local Government Code.

SEC. 9. Implementing Rules and Regulations.—The Department of Health shall
promulgate the necessary rules and regulations for the effective implementation of the purposes of
hits Act.

SEC. 10. Separability Clause.—1f any provision, section or part of this Act shall be
declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other
provisions, sections, or parts thereof.

SEC. 11. Repealing Clause.—All laws, presidential decrees, executive orders, rules and
regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 12. Effectivity.—This Act shall take effect fifteen (15) days following its publication
in the Official Gazette and in two (2) newspapers of general circulation.

Approved,