Republic of the Philippines
House Or Representatives
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HOUSE BILL NO. 3416

Introduced by Honorable Raul A. Daza

EXPLANATORY NOTE

The barangay, as the basic political unit, serves as the primary
planning and implementing unit of goverment programs, projects and
activities in the community. It also serves as a forum wherein the collectiye
views of the people may be expressed, considered and discussed in a
transparent manner, or where disputes may be amicably settled.

Due to the important role of barangays, it is but just and reasonable
that a legislative measure be approved to promote their welfare and
prosperity, such as (1) mandatory coverage of barangay officials under the
Government Service Insurance System Charter, declaring them as regular
government employees who shall be entitled to fixed salaries, allowances,
insurance, medical and dental coverage, retirement benefits and such other
fringe benefits accorded to regular government employees; (2) basic
priorities, such as regular supply of clean and potable water, public
transportation, schools, health centers, daycare centers and barangay halls;
(3) automatic release of share from the national taxes; (4) mandatory share
of barangays in taxes, fees and other charges; (5) equitable share of the
barangay from the proceeds of the utilization and development of national
wealth; (6) power to grant scholarships; (7) priority in employment of
residents; and (8) encouragement of cooperative enterprises.

In view of the foregoing, approval of this bill is earnestly urged.

/ 7
fix
RAUL A. BAZA

Bill Drafting Service


Republic of the Philippines
House Or REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HOUSE BILL No._ 8416

Introduced by Honorable Raul A. Daza

AN ACT
PROVIDING FOR A MAGNA CARTA FOR BARANGAYS,
APPROPRIATING FUNDS THEREFOR 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 “Magna
Carta for Barangays.”

SEC. 2. Declaration of Policy. — It is hereby declared 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 and
grant every barangay the basic facilities for decent, healthy and comfortable
living conditions. Toward these ends, the State shall ensure the local
autonomy of barangays, the effective performance of their role as primary

planning and implementing units of government programs, projects and

1

Bill Drafting Service


activities, and as fora 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:

a) The national government shall give more attention to the

development of the barangay, as it is the base of this country’s economy;

b) Every barangay shall be given the authority and capability to
solve its problems on its level; and

©) Self-help or people empowerment shall be the guiding principle
in all barangay development projects.

SEC. 4. Government Employees. — The punong barangay,
sangguniang barangay members, the Kabataan 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 given to regular government
employees.

SEC. 5. Salary. — All barangay officials mentioned in Section 4

hereof, shall be entitled to the following fixed salaries:

w


a) Punong Barangay — An amount equivalent to eighty percent
(80%) of the salary of the member of the sangguniang panlungsod or

sangguniang bayan of his or her city or municipali

b) Sangguniang Barangay Members, Kabataang Barangay
Chairman, Barangay Secretary, Barangay Treasurer — An amount
equivalent to seventy percent (70%) of the salary of the members of the
sangguniang panlungsod or sangguniang bayan of their city or municipality.

SEC. 6. Supply of Drinking Water. ~ It is the right of every barangay
to have a regular supply of clean and potable water. To attain this goal,
every city or municipality is hereby required to construct and maintain at
least one deep well with pumping device for drawing drinking water to
supply the needs of five hundred (500) residents for each barangay within its
jurisdiction.

SEC. 7. Transportation. — It is also the right of every barangay to
have public transportation available at least once a day. For this purpose,
every city or municipality should make the necessary representations with
the Land Transportation Franchising and Regulatory Board (LTFRB) to
require public utility companies to provide the means of transportation in

every barangay within its jurisdiction.


SEC. 8. Schools, Health and Day Care Centers. — Every barangay is
entitled to have at least one elementary school and one high school. Every
barangay shall also have one health center, one day care center and a
barangay hall.

SEC. 9. Share from National Taxes. — \t shall be the duty of the
National Treasury to remit automatically to the barangays at the end of the
calendar year their just share from the national taxes.

SEC. 10. Share in All Taxes, Fees or Other Charges. — Thirty
percent (30%) of all taxes collected on real properties 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%) of all other forms of taxes, fees, penalties,
compromises or other charges collected from persons residing in the
barangay, or entities whose office or manufacturing plant is located within
the barangay.

SEC. Il. Share from the Proceeds of the Utilization and
Development of National Wealth. ~ For the exploitation, utilization and
development of natural resources within the territorial jurisdiction ofa

barangay, the barangay shall be entitled to an equitable share of the proceeds

w


derived therefrom. Revenues derived from this source shall also form part
of the general fund of the barangay.

The amount of barangay share shall be determined by the city or
municipality 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 te pollution, flood and ecological
imbalance: Provided, however, That this equitable share for each barangay
shall be resolved by all parties not later than six (6) months from the
ran of this Act.

SEC. 12. Scholarship Grant. — Every barangay shall sponsor at least
one (1) scholarship grant every year leading to any bachelor degree, to be
awarded by a committee of five (5) persons appointed by the Sangguniang
Barangay with the approval of the Punong Barangay, after competitive
examinations are given to applicants who are 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 incidental expenses as the barangay may deem appropriate. The
grantee of the scholarship shall only enroll in public colleges or universities

subsidized by national and local governments.


SEC. 13. Priority in Employment. — The residents of every barangay
shall have priority in the hiring of workers and laborers needed in any
government construction or development projects. Any person or private
entity contracted to undertake any construction of a project should hire from
qualified residents of the barangay, in accordance with the workforce
requirement provided under Republic Act No. 6685.

SEC. 14. Cooperative Enterprises. — Cooperative enterprises in the
barangay shall be encouraged and every barangay is directed to give full
assistance to the organization of a cooperative enterprise and to take every
possible effort to make cooperative undertakings a way of life in the
barangay.

SEC. 15. Appropriations. - The amount necessary for the effective
implementation of this Act shall be charged against the funds of the
‘Department of the Interior and Local Government. Thereafter, such sum as
may be necessary for the continued implementation of this Act shall be
included in the annual General Appropriations Act.

SEC. 16. Implementing Rules and Regulations. — The Secretary of
Local Government shall, within six (6) months from the effectivity of this
Act, issue the necessary rules and regulations to carry out the objectives of

this Act


SEC. 17. Penal Provisions. — Any person who shall willfully
‘interfere with, or restrain any barangay official or barangay resident in the

exercise of his rights guaranteed by this Act shall, upon conviction, be

punished by a fine of not less than five hundred pesos (Php500.00) but not
more than two thousand pesos (Php2,000.00), or by imprisonment of not
more than six (6) months, or both, at the discretion of the court.

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

SEC. 18. Repealing Clause. — All laws, executive orders, presidential
decrees, implementing rules and regulations inconsistent with the es
of this Act are hereby repealed, amended or modified accordingly.

SEC. 19. Separability Clause. — If any provision or part of this Act is
declared invalid or unconstitutiorial the remaining parts or provisions not
affected thereby shall remain in full force and effect.

SEC. 20. Effectivity. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) national newspapers
of general circulation.

Approved,