G REPRESSES
“Ss BN

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES.
Quezon City

Eighteenth Congress
First Regular Session

House Bill No, 2539

Introduced by Rep. AURELIO D. GONZALES, JR.

EXPLANATORY NOTE
This bill seeks to establish a Magna Carta for Barangays.

Article 10, Section 3 of the 1987 Constitution states that “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.”

The barangay, as the basic political unit, serves as the primary planning and implementing
unit of government programs, projects and activities in the community. It also serves as a forum
wherein the collective views of the people may be expressed, crystallized and considered, and
where disputes may be amicably settled.

Considering the important role of barangay in our society, it is only but fitting to promote
the welfare and prosperity of our barangay officials. This bill 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
employee is entitled.

This measure also seeks to provide every Barangay with regular supply of clean and potable
water, public transportation, schools, health centers and barangay halls. It would also grant an
automatic release of share from national taxes and transfer of funds to barangay for the maintenance
of roads and bridges.

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



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

House Bill No. _2539

Introduced by REPRESENTATIVE AURELIO D. GONZALES, JR.

AN ACT TO ESTABLISH THE MAGNA CARTA FOR BARANGAYS,

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.”

SECTION 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 ascertain 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.

SECTION 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.

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


Il. BARANGAY OFFICIALS AS REGULAR GOVERNMENT EMPLOYEES

SECTION 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.

SECTION 5. Salaries of Barangay Officials. - 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 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.

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

III. BASIC PRIORITIES IN THE BARANGAY

SECTION 6. Drinking Water for Every Barangay. - 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, 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.

SECTION 7. 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 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.

SECTION 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

SECTION 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.


SECTION 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 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.

SECTION 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 all 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.

SECTION 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,

SECTION 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.

SECTION 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.

SECTION 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.

VIL. - ADMINISTRATION AND ENFORCEMENT

SECTION 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 deéms reasonably sufficient to give interested parties general
notice of such issuance.


SECTION 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.

SECTION 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.

SECTION 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.

SECTION 20. Separability Clause. - If any provisions of this Act are declared invalid, the
remainder or any provisions thereof not affected thereby shall remain in force and effect.

SECTION 21. Effectivity. - This Act shall take effect upon its publication in two national
newspapers of general circulation.

Approved