Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No._4464

INTRODUCED BY HON. ROBERTO “ROBBIE” V. PUNO

Explanatory Note

The barangay serves as our basic political unit and the primary planning and
implementing unit of government policies, plans, and programs in communities.
(Section 384 of Republic Act No. 7160 or the Local Government Code of 1991)

The barangay is arguably one of the most important government unit as it
interacts most closely to the people and barangay officials act as the front-liners
in the delivery of services to the people. Despite this vital role, however, barangay
officials only receive honoraria and minimal benefits, and are not entitled to
salaries, hazard pay, and other allowances and benefits being granted to and
enjoyed by regular government workers.

There is therefore an urgent need to strengthen barangays and empower our
barangay officials. This bill provides barangay officials with benefits and
privileges accorded to a regular government employee. It also provides for
basic priorities such as supply of clean and potable water, public
transportation, schools, health centers, and barangay halls. Furthermore, this
magna carta also outlines the measures that will help ensure that the
barangays enjoy genuine and meaningful local autonomy and attain full
development, namely: automated release of their share from national taxes;
transfer of funds to barangays for the maintenance of roads and bridges;
mandatory share of barangays in taxes, fees and other charges; and priority
in employment.

In view of the foregoing, the passage of this bill is earnestly sought

ROBERYO “ROBBIE” V. PUNO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 4484

INTRODUCED BY HON. ROBERTO “ROBBIE” V. PUNO

AN ACT ESTABLISHING THE MAGNA CARTA FOR BARANGAYS

Be it enacted by the Senate and House of Representatives if 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. — Itis 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 ensure 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 activity, and as a forum in which the collective views of
the people in the community may be crystallized and considered.

5 BARANGAY OFFICIALS SALARIES AND BENEFITS

SEC. 3. The Barangay Officials as Regular Government Employees. — The
Punong Barangay, Sangguniang Barangay members; Sangguniang Kabataan
Chairman, barangay secretary, barangay treasurer, members of the Lupon
‘Tagapamayapa, and barangay tanods in all barangays are hereby declared regular
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. 4. Salaries of Barangay Officials. ~ As soon as appropriate steps and
measures are undertaken by each city and municipality in coordination with the
individual barangay involved on matters relating to the sources of fund and the
corresponding appropriation ordinance, which no case shall be later than six (6)


months from the approval hereof, all barangay officials mentioned in Section 3
hereof shalll be entitled to the following fixed salaries:

a. Punong Barangay — an amount equivalent to the salary of a sangguniang
bayan member of his municipali

b. Sangguniang Barangay Members —an amount equivalent to eighty percent
(80%) of the salary of a sangguniang bayan member of his municipality;

¢. Sangguniang Kabataan Chairman, Barangay Secretary, and Barangay
‘Treasurer — for each, an amount equivalent to eighty percent (80%) of the
salary of a sangguniang bayan member of his municipality;

d. The Barangay Tanods and Member of the Lupon Tagapamayapa — an
amount to be determined by the barangay according to their capacity, but
in no case lower than the minimum daily wage ceilings set by the
respective Regional Wage Board.

SEC. 5. Other Benefits and Privileges - All barangay officials mentioned in
Section 3 shall be entitled to the following additional benefits and privileges:

a. Free Legal Services. - The Public Attomey’s Office (PAO) shall
represent barangay officials in cases filed against them in connection with
the performance of their duties.

b. Free Medical Examination and Treatment. — Annual medical examination
shall be provided by government hospitals, free of charge. All barangay
officials mentioned in Section 3 suffering from work-related ailments
shall be treated without cost in government hospitals,

¢. Access to Livelihood, Loans, Grants, and Skills Enhancement. — The
DSWD and the LGUs, in coordination with other concerned government
agencies, shall provide the barangay officials with a mechanism for
accessing livelihood, loans, grants, and skills enhancement services.

d. Other Benefits. — All barangay officials mentioned in Section 3 shall
automatically become members of the Government Service Insurance
System (GSIS), Pag-IBIG, and PhilHEALTH, and shall be entitled to
matemnity/patemity, sick, and vacation leaves as provided for by existing
laws.

SEC. 6. Barangay Retirement Gratuity Fund (BRGF). ~ There is hereby created
a Barangay Retirement Gratuity Fund (BRGF) which shall be used to fund the
retirement gratuity of the Punong Barangay, Sangguniang Barangay members;
Sangguniang Kabataan Chairman, barangay secretary, barangay treasurer,
Barangay Tanods and Members of the Lupon Tagapamayapa. The amount
equivalent to one (1%) percent of the share of the national government under
Section 284 of the Local Government Code of 1991, as amended, shall be used
for this purpose.


The Department of Interior and Local Government (DILG) shall administer and
ensure the appropriate disbursement of the BRGF.

IL BASIC PRIORITIES IN THE BARANGAY

SEC. 7. Drinking Water for Every Barangay. ~ It is the right of every barangay
to have a access to and regular supply of clean and potable drinking water. To
attain this goal, every city and municipality, as the case may be, is hereby required
to construct and 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.8. Transportation for Every Barangay. ~ It is also the right of every
barangay to have public transportation available at least once a day. For this
Purpose, every city and municipality, 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.9. Schools, Health Centers, and Barangay Halls for the Barangay. — 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.

II. LOCAL FISCAL AUTONOMY

SEC.10, 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.11. Transfer of Fund to Barangay for the Maintenance of Roads and
Bridges. — All public funds appropriated from the national treasury for the
maintenance of barangay roads and bridges and other similar constructions shall
be transferred or remitted directly to the general fund of every barangay for the
proper disposition by the barangay officials,

SEC. 12. 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 all other forms of taxes, fees, penalties, compromises,
or other charges collected from persons residing in the barangay or entities whose
offices and/or manufacturing plant is located within the barangay.


SEC.13. Equitable Share of the Barangay from the Proceeds of the Utilization
and Development of National Wealth. — Every barangay shall be entitled to an
equitable share of the proceeds derived from the exploitation, development, and
utilization of natural wealth within its territory. 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,
food and ecological balance: Provided, however, That this equitable sharing rate
of 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 form part of the general fund of the barangay.

IV. SUNDRY MATTERS

SEC.14. Scholarship Grants. — 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 school
books, supplies, transportation, and other expenses as the barangay may deem
appropriate.

SEC.15. 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.16. Cooperative Enterprise. ~ Cooperative enterprise 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

Vv. ADMINSTRATION AND ENFORCEMENT

SEC.17. Rules and Regulations. — The Secretary of DILG 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.18. Budgetary Estimates. — The Secretary of DILG shall submit to the
Congress the necessary budgetary estimates to implement the provisions of this
Act conceming 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.19. Penal Provisions. — 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 of 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.

SEC.20. Repealing Clause. — All laws, decrees, orders, rules and regulations, or
parts thereof, which are inconsistent with the Act are hereby repealed, amended
or modified accordingly.

SEC.21. Separability Clause. — If any provisions of this Act are declared invlaid,
the remainder or any provisions thereof not affected thereby shall remain in force
and effect.

SEC.22. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,