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eve 08 AUG 2016

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HOUSE OF REPRESENTATIVES PY!
HB. No. ace — a
REGISTRATION UT

AND INDEX SE Yigg
Introduced by Representative Herminio Harry L. Roque

SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session ) TW

EXPLANATORY NOTE

The Constitution, Article 10, Section 3 states: “The Congress shall enact a local
government code which shall provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective mechanisms of recall,
initiative, and referendum, allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications, election, appointment and
removal, term, salaries, powers and functions and duties of local officials, and all other matters

relating to the organization and operation of the local units”.

Barangays as the basic political unit serves as the primary planning and implementing
unit of government programs, projects and activities. It serves as an opportunity for collective
views of the people in the community to be considered and crystallized.

However despite this important role that this basic unit performs, barangay officials are
considered as Sanggunian members that receive honoraries instead of regular salaries. Due to the
important role of barangays, it is but just that measures be adopted to promote their welfare and

prosperity.

This Legislative measure proposes that barangay officials be considered as regular
government employees with fixed salaries, allowances, insurance, medical and dental coverage,

retirement benefits and other fringe benefits to which regular government employe is entitle.

This would also forward basic priorities such as regular supply of clean and potable
water, public transportation, schools, health centers and barangay halls, should be provided every

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barangay. An automatic release of share from national taxes and the transfer of funds to barangay

for the maintenance of roads and bridges

Ap Wel

HERMINIO HARRY L. ROQUE JR.

“This bill substantially draws from S.B. No. 277 filed by Senator Nene Pimentel during the Fourteenth
Congress, Third Regular Session.


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SEVENTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES. )
First Regular Session )
HOUSE OF REPRESENTATIVES
H.B. No.

Introduced by Representative Harry L. Roque Jr.

An Act Providing for the Magna Carta for Barangays, Designating Barangay Captains as
Government Employees, and For Other Purposes

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

I, - TITLE, DECLARATION OF POLICY
AND GENERAL PRINCIPLES

SECTION 1. Title of Act. - 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, healthy and comfortable
living therein and provide new measures that will insure 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 crystallized and considered.

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


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(b) Every barangay shall be given the authority and capability to solve its

problems on its level.

(c) Self-help or people power shall be the 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 government
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 Oflicials. - 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:

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

Six Sangguniang Barangay Members - An amount equivalent to eighty percent (80%) of
the salary of a sangguniang bayan member of his municipality.


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Kabataang Barangay Chairman, Barangay Secretary, Barangay Treasurer - For each, an
amount equivalent to seventy-five percent (75%) of the salary of a sangguniang bayan member

of his municipality.

IIL - BASIC PRIORITIES IN THE BARANGAY

SEC. 6. Drinking Water for Every Barangay. - \t is the right of every barangay to have
a regular supply of clean and potable water. To attain this goal, every city or municipality, as the
case may be, is hereby 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. - \t 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 ASSURE 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 Funds to Barangay for the Maintenance of Roads and Bridges. -
All public funds appropriated from the national treasury for the maintenance of barangay roads


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and bridges and other similar constructions shall be transferred or remitted directly to the general
fund 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 al other forms of
taxes, fees, penalties, compromises or other charges collected from persons residing in the

barangay or entities whose office 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. - For the exploitation, utilization and development of natural
resources within its territory. Every barangay shall be entitled to an equitable share of the
proceeds derived from. 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, flood 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 from
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.


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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 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 or six months and one day, or both, subject to
the discretion of the court. If the offender is a public official, the court shall order his dismissal

from the government service.


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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

temainder or any provisions thereof not affected thereby shall remain in force and effect.

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general circulation.

. 21. This Act shall take effect upon its publication in two national newspapers of