Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

19% CONGRESS
First Regular Session

House Bit No: __ 461

Introduced by REP. ARJO ATAYDE

AN ACT
PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH WORKERS

Republic Act No. 7883 otherwise known as the “Barangay Health Workers’
Benefits and Incentives Act of 1995" has been in force for twenty-seven (27) years
already but the same has not yet been fully implemented because of lack of effective
support mechanisms and insufficient funding.

For the entire duration of the pandemic, the role of our Barangay Health
Workers have proven to be vital as they provided health services to the people at the
time when large public and private hospitals no longer had the capacity to accept
incoming patients. Among their services involved first aid, maternal, newborn and child
healthcare services, immunization, etc. In recognition of their role in providing basic
health services, there is a need for the government to provide appropriate training and
support from the national government. This is consistent with Article !! Section 15 of
the 1987 Constitution which enunciates the State policy to “protect and promote the
tight to health of the people and instill health consciousness among them”.

Towards this end, the proposed measure seeks to standardize the allowance
and benefits of the Barangay Health Workers by providing minimum amounts each
worker should be entitled to. Furthermore, the measure seeks to introduce additional
health benefits such as free medical care, insurance coverage, sick, vacation and
maternity leaves, cash gift, and disability benefit,

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

REP. ARUO ATAYDE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

19" CONGRESS
First Regular Session

House Bi No,__“61_

Introduced by. REP. ARJO ATAYDE

AN ACT
PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH WORKERS

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

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

SEC. 2. Declaration of Policy. - It 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 shail adopt policies that promote the
welfare and well-being of barangay health workers who are the forefront of the delivery
of health care at the grassroots level, and which shall effectively harness their potential
as partners in development.

SEC. 3. Definition. - As used in this Act, the term "barangay health worker" shall
refer to a person who has undergone training under any accredited government and non-
government organization and who voluntarily renders primary healthcare services in the
community after having been accredited to function as such by the focal 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.” Provided that, a barangay health worker shall be
considered as a public health worker as defined under Republic Act No. 7305 or the


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Magna Carta of Public Health Workers for purposes of receiving any special risk
allowance granted to health workers for the Covid-19 pandemic, and any other pandemic
that may occur hereafter.

SEC. 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 shail 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 shail 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 consolidation. The DOH is hereby
mandated to maintain a national register of BHWs

In order to qualify for registration, a barangay health worker must:

1. 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;

2. 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 non-governmental organization (NGO);

3. Be at least eighteen (18) years of age at the date of the filing of the application for
registration, and,

4. 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.

SEC. 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 shail issue the certificate of accreditation to
qualified BHWs. In order to qualify for accreditation, the applicant BHW must:

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1. Be registered in accordance with Section 4 hereof,

2. Have completed in the locality at least two (2) years of continuous and satisfactory
service immediately prior to the filing of application for accreditation;

3. 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.

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.

SEC. 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 health care 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 leads to mental retardation and even
death, among others;

C. 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;


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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 health care 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.

SEC. 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 loca! 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.

SEC. 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 BHWis 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


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Hazard Allowance. - All accredited BHWs shall be entitled to hazard allowance in
an amount to be determined by the local health board of the local government unit
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
focal government unit concerned. such allowance shall, in no case, be less than
One hundred pesos (P100.00) per day:

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;

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 and 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;

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
Non- government organizations, provide information on and opportunities for
education and career enrichment for accredited BHWs, such as in the following
programs:

a. Educational programs which credit the years of primary health care service
of the BHW towards higher education completion in institutions with step
ladder curricula thus allowing them to upgrade their skills and knowledge
for community work or to pursue further training as midwives, pharmacists,
nurses or doctors;

b. Continuing education, study and exposure tours, grants, field immersion,
and scholarships, among others;

cc. 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


ARONH

able to take advantage of the above programs described in paragraphs (1)
and (2) hereof, and

d. 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 concemed shall also endeavor to provide other health benefits to
accredited BHWs not otherwise provided by law;

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Insurance Coverage. - Accredited BHWs shall be granted insurance coverage and
benefits by the Government Service Insurance System (GSIS) which shail be
borne by the LGU concemed. For this purpose, the GSIS shall design an insurance
benefit package suited to the needs and unique circumstances of the BHWs;

|. 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;

J. Cash Gift - All accredited BHWs are entitled to a cash gift not less than the
minimum monthly honorary; 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;

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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.

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Civil Service Eligibility. - A first grade eligibility shall be granted to accredited BHWs
who have rendered three (3) years continuous service as such: Provided, That
should a BHW become a regular employee of the government, the total numbers


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of years served as such shall be credited to the HW's service in the computation
of retirement benefits.

No 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.

M. 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.

N. Preferential Access to Loan Facilities - The DOH in coordination with other
concerned government agencies shail 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.

SEC. 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)

SEC. 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.

SEC. 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

SEC. 12, Right to Sel-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

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and the continuous operation of barangay health services in the interest of public health,
safety, or survival of patients

SEC. 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 registration,
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.

SEC. 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 shail, 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 shail endeavor to establish their own training centers for their-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 Philippine Qualification Framework Act, and Republic Act No.
10647, otherwise known as the Ladderized Education Act of 2014, including academic
credits for health-related courses.

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

SEC. 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.

SEC. 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


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implement this Act not later than one hundred eighty days (180 days) from the effectivity
of this Act

SEC. 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.

SEC. 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

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

Approved,