ey

Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL NO. 1533

INTRODUCED BY HONORABLE AMADO CARLOS BOLILIA IV

EXPLANATORY NOTE

This honorable representation recognizes the importance of the role that
Barangay Health Workers (BHWs) have in the provision of healthcare services in the
various levels of government. This bill seeks not only to standardize the incentives
and benefits of BHWs but also to provide them with rights and security of tenure
which will empower them and improve the services that BHWs render to their
communities,

The 1987 Constitution’ provides that “The State shall adopt an integrated and
comprehensive approach to health development which shall endeavor to make
essential goods, health and other social services available to all the people at
affordable cost.”. Republic Act 7883 otherwise known as the “Barangay Health
Workers’ Benefits and Incentives Act of 1995” was enacted to promote and protect the
rights of Filipinos enshrined in the constitution for better healthcare by providing a
support mechanism for BHWs that service their communities. However, despite the
passage of this law, much is needed to be done in order to improve the working
conditions of BHWs and to better leverage the advantages they have due to their
proximity to local communities.

‘As I have observed throughout the years, BHWs are instrumental in the
delivery of healthcare services in areas that are far from established healthcare
facilities. The COVID-19 Pandemic has shown the vulnerability of the healthcare
sector owing to the lack of support and protection mechanisms not only for doctors

‘Art. XIII, Sec. 11



and nurses, but also for allied medical and non-medical professions which include
BHWs. In their case, it is the nature of employment, and the great variance in the
honoraria or wages that BHWs receive which are of greatest concern. As such, this
representation refiles this bill which has passed 3rd reading in the 19th Congress, with
the expectation that it will be a crucial step forward towards achieving Universal
Health Care.

In view of the foregoing, the immediate enactment and approval of this bill is
eamestly sought.

AMADO CARLOS BOLILIA IV
Representative
4th District of Batangas


Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL NO. 1533

INTRODUCED BY REPRESENTATIVE AMADO CARLOS BOLILIA IV

AN ACT
PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH
WORKERS

Be it enacted by the Senate and the House of the 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, and 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 sustainable
development goals, the State shall adopt policies that promote the welfare and
well-being of barangay health workers who are at the forefront of the delivery
of healthcare at the grassroots level, and effectively harness their potential as
partners in development.

SEC. 3. Definition. — As used in this Act, the term “barangay health
worker” refers to a person who has undergone training under any accredited
government or non-government organization (NGO), and who voluntarily
renders primary healthcare services in the community after having been



accredited to function as such by the local health board.

SEC. 4. Coverage. — This Act shall apply to all barangay health workers
(BHWs) as defined under Section 3 of this Act: Provided, That all incentives
and benefits granted under this Act shall extend only to duly accredited
BHWs, who have undergone at least two (2) years of training: Provided,
however, That duly registered barangay health workers shall be entitled to a
monthly honoraria and hazard allowance as provided in Sec. 9 herein:
Provided, further, That when the BHW receives a fixed salary under a
permanent appointment in any government office, by election to another
public office or by employment in the private sector, coverage under this Act
shall automatically cease and the BHW shall be covered under applicable
laws.

SEC. 5. Registration. — All BHWs shall be registered with the local
health board in the city or municipality in which they render service.
Registered BHWs shall be given appropriate proof of said registration.

The municipal and city health offices shall regularly update and maintain
the BHW Registry with the assistance of the BHW Federation. The BHW
Registry shall be subject to the approval of the municipal or city health board.
The local health offices shall submit a copy of the updated and duly approved
registry to the Provincial Health Office for consolidation and validation with the
assistance of the Provincial BHW Federation, which shall also be subject to
the approval of the Provincial Health Board. The Provincial BHW Registry
shall be posted in the municipal or city bulletin board and barangay health
centers.

The Provincial BHW Registry shall be submitted on or before April 30 of
every year to the Department of Health (DOH) at the regional and national
levels for consolidation. The DOH is hereby mandated to maintain a national
registry of BHWs.

In order to qualify for registration, a Barangay Health Worker must:

a. 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 recommended by the Rural Health
Midwife (RHM) or public health nurse assigned to the barangay


and by the head of the barangay health workers association and
certified by the Sangguniang Barangay;

b. 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
(NGO);

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

d. 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 the DOH, to provide BHW
applicants basic orientation and training within six (6) months from the date of
approval of their application.

SEC. 6. 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 shall issue a certificate of
accreditation to qualified BHWs. In order to qualify for accreditation, the
applicant BHW must:

a. Be registered in accordance with Section 5 hereof;

b. Have satisfactorily undertaken the role of a BHW in the locality as
provided for in Section 7 hereof, for at least two (2) years of
continuous and satisfactory service immediately prior to the filing
of application for accreditation;

c. Have completed a regular training program on health care service
and community-based health program in order to upgrade and
develop the skills and competency required of a BHW. The
training program shall be institutionalized by the DOH, in
cooperation with local government units (LGUs).


It shall be the duty of the municipal or city government, as the case may
be, in cooperation with the provincial government and 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. 7. Roles, and Duties and Responsibilities of Barangay Health
Workers. - As one of the key partners in a reformed health care delivery
system, the DOH and LGUs shall support BHWs as they perform the following
roles:

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 the importance of a
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;

d. Linker - 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.

The BHW shall perform the following duties and responsibilities:

a. Height and weight monitoring, and reporting the same to the
barangay;

b. Monitoring and following up of defaulted cases of immunization,
family planning, tuberculosis compliance to treatment and others,
and reporting the same to the barangay;

c. Reporting to the barangay any incidence of disease or any health
cases in the community;

d. Communicating and coordinating with the community to

participate in barangay health center activities;
. Gathering of data about overall status of health of the community;
Administering first ai
|. Conducting health vi
. Conducting birth planning for pregnant women;
Conducting health education;
Strengthening referral systems;
. Collecting sputum;
Identifying people with disease and sickness;
|. Community health profiling;
. Psychosocial debriefing for stress and post-calamity initiatives;
. Responding in natural calamities and disasters; and
. Coordinating closely with the local government health officer in
the implementation of health programs in the locality.

vposgrxrrsa>o

SEC. 8. Number of Barangay Health Workers (BHWs). — Subject to
relevant laws, and in coordination with relevant government agencies and
respective local government units, the number of BHWs in every barangay
shall be guided by and based on the particular need of the barangay for BHW
services.

The DOH shall determine the ideal ratio of barangay health workers to
the number of households: Provided, That the total number of barangay health
workers nationwide shall not be less than one percent (1%) of the total
population.


The residents of the barangay must be given preference in the
employment of BHWs.

SEC. 9. Incentives and Benefits. - All accredited BHWs who are
actively and regularly performing their duties and responsibilities shall be
entitled to the following incentives and benefits:

a. Monthly Honoraria in the amount of not less than Three thousand
pesos (P3,000.00), subject to adjustment based on the prevailing
market value;

b. Hazard Allowance in an amount to be determined by the local
health board of LGU concerned, which in no case shall be less
than One thousand pesos (P1,000.00) per month, subject to
existing laws, rules, and regulations;

c. Subsistence Allowance equivalent to the meals they take in the
course of their duty, which shall be computed in accordance with
prevailing conditions as determined by the LGU concerned, which
in no case shall be less than One hundred pesos (P100.00) per
day: Provided, That the accredited BHW shall render service
within the premises of isolated barangay health stations in order
to make it available at any and all times;

d. Transportation Allowance of not less than One thousand pesos
(P1,000.00) per month, subject to auditing rules and regulations,
on the condition that the availment of transportation services are
in line with the performance of the BHW’s official duties and
responsibilities;

e. One-time Gratuity Cash Incentive of not less than Ten thousand
pesos (P10,000.00) in recognition of the BHW's loyalty and
dedication and for having continuously and satisfactorily served
for at least fifteen (15) years;

f. Discount Privileges for BHWs. — All 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 BHW is eligible for a higher
discount as may be granted by the commercial establishment
and/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 VAT, if applicable,
shall be included in their gross sales receipt for tax purposes and
shail be subject to proper documentation and to the provisions of
the National Internal Revenue Code of 1997, as amended.

g. 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 the following:

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

2. Continuing education, study and exposure tours, grants,
field immersion, scholarships; and

3. Special training programs such as traditional medicine,
disaster preparedness and other programs that address
emergent community health problems and issues.

h. Health Benefits. - During their incumbency, all BHWs are entitled
to the following health benefits:

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 Philippine
Health Insurance Corporation (Philhealth) as indirect
contributors.

i. Insurance Coverage. - All BHWs shall be granted insurance
coverage and benefits from the Government Service Insurance


System (GSIS) which shall be borne by the LGU concerned. For
this purpose, the GSIS shall design an insurance benefit package
suited to the needs and status of BHWs;

j. Sick and Maternity Leaves. — All BHWs shall be entitled to sick
and maternity leaves as prescribed by the Local Health Board:
Provided, That, the BHWs shall continue to receive their monthly
honoraria while on leave, for such period in accordance with
existing laws and practices;

k. Cash Gift — All accredited BHWs are entitled to cash gift of not
less than the minimum monthly honoraria 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;

|. Disability Benefit - An accredited BHW who sustains injury or
sickness in the course of the performance of their duties shall be
entitled to Two thousand pesos (P2,000.00) for every year of
service;

m. Civil Service Eligibility. - A second grade eligibility shall be
granted to accredited BHWs who have rendered five (5) years
continuous service as such: Provided, That, should a BHW
become a regular employee of the government, the total numbers
of years served as such shall be credited to the BHWs service in
computing the retirement benefits;

n. Free Legal Services. - Legal representation and consultation
services shall be immediately provided by the Public Attorney's
Office to an accredited BHWin cases of coercion, interference,
and in other civil and criminal cases filed by or against BHWs
arising out of or in connection with the performance of their duties
as such;

0. Preferential Access to Loan. - The DOH in coordination with other
concerned government agencies shall provide, within One
hundred eighty (180) days after the effectivity of this Act, a
mechanism that shall provide BHWs organized 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.

Notwithstanding the limitations under this section, all registered
BHWs shall be entitled to monthly honorarium and hazard allowance.


The LGUs concerned shall also endeavor to provide other health
benefits to BHWs not otherwise provided by law.

SEC. 10. Annual Review. — The local health boards shall conduct an
annual review of the BHW program, performance, as well as the benefits,
incentives and allowances enumerated in the immediately preceding Section
taking into consideration the current consumer price index as published by the
Philippine Statistics Authority.

SEC. 11. Discrimination Prohibited. - Discrimination against any
BHW by reason of gender, civil status, creed, religious, or political beli
ethnic groupings in the exercise of their functions and responsi
hereby prohibited.

SEC. 12. Protection of BHWs. - No accredited BHW shall be removed
except for a valid cause as determined by the Local Health Board (LHB). The
LHB shall resolve termination cases against BHWs judiciously and not later
than ninety (90) days from the receipt of a complaint: Provided, That if a BHW
is found to be unjustly removed from service, the BHW shall be entitled to
reinstatement without loss of benefits and incentives from the time of
termination up to the time of reinstatement.

SEC. 13. Grievance Mechanism. — The LHB shall establish a
grievance mechanism as a means of processing complaints of BHWs against
alleged acts of discrimination and unjust removal from the service. The
decisions rendered by the LHB shall be final and executory.

SEC. 14. Municipal, City, Provincial, and National Federation of
BHWs. — There shall be an organization of accredited BHWs for the purpose
of electing the municipal, city, provincial, and national-level federation in order
to ventilate, articulate, and crystalize issues affecting healthcare delivery
system and with utmost regard to service to patients and the continuous
operation of barangay health services in the interest of public health, safety, or
survival of patients.

The BHW federation for municipalities, cities, and provinces shall elect
their respective local federation boards of directors, and a set of national
officers to comprise the national board of directors to be headed by a
president. A Secretary-General shall be chosen from among the national
federation members to manage the day-to-day operation and activities of the
federation. The respective boards of directors may create such other positions
as may be necessary for the management of the affairs of the local and
national federation.


SEC. 15. Representation in the Local Health Board and Primary Health
Care Provider Network. — The President of the municipal or city federation of
BHWs shall be a member of the municipal or city local health board. The
respective presidents of the federation of BHWs of each city and municipality
federation of a province shall elect from among themselves their
representative to the provincial health board: Provided, That the BHW
representatives to the local health boards shall not be allowed to vote on the
registration, accreditation, and disciplinary or removal complaints of BHWs.

The BHWs shall also be part of the health care provider network, in the
implementation of health care services and programs.

SEC. 16. Prohibition from Engaging in Partisan Political Activity. -
No BHW shall engage in any partisan political activity.

SEC. 17. Continuous Capacity Building for BHWs. - The DOH shall
conduct continuous capacity building for BHWs that will enhance and upgrade
their knowledge and skills through various forms including online learning and
multimedia in major Philippine dialects

The DOH shall, in coordination with TESDA and other concerned
agencies, assist the LGUs in the development of education modules or
materials to promote the collective experiences and learnings of BHWs as well
as to promote traditional and complementary medicine.

The LGUs shall endeavor to establish their own training centers for their
BHWs and other health workers in coordination with the TESDA, NGOs, and
other agencies concerned.

The LGUs shall also implement a development program for BHWs that
will allow them to benefit from the 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. 18. Observance of BHW Day. - Every barangay shall
commemorate BHW Day during April 7 of every year in recognition of the
service of Barangay Health Workers, their heroic services in times of crises,
and their indispensable role in promoting health and wellness among the
citizenry.


The DOH, in cooperation with the Department of the Interior and Local
Government (DILG) and all local government units shall hold simple
ceremonies or activities to highlight the indispensable role of BHWs in
nation-building.

SEC. 19. Penalty Clause. - Any local government official who violates
any provision of this Act may be administratively and criminally charged in
accordance with law.

SEC. 20. Appropriations. — The amount necessary for the
implementation of this Act shall be charged against the National Tax Allotment
of the LGUs, other local funds, the special health fund under Republic Act No.
11223, otherwise known as the “Universal Health Care Act’.

SEC. 21. Implementing Rules and Regulation. - The DOH and the
DILG shall, in consultation with the DepEd, CSC, GSIS, and other concerned
government agencies and non-governmental entities, promulgate the rules
and regulations to implement this Act not later than One hundred eighty (180)
days from the effectivity of this Act.

SEC. 22. 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. 23. 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 amended or
accordingly.

SEC. 24. 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,