NINETEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

House Bill No. 2784

Introduced by Representative ROMMEL RICO T. ANGARA

AN ACT
‘TO ESTABLISH THE MAGNA CARTA FOR BARANGAYS

EXPLANATORY NOTE

Section 384 of Republic Act No. 7160, otherwise known as the “Local
Government Code of 1991,” provides:

“SEC. 384, Role of the Barangay. — As the basic political unit, the barangay
serves as the primary planning and implementing unit of government policies,
plans, programs, projects, and activities in the community, and as a forum
wherein the collective views of the people may be expressed, crystallized and
considered, and where disputes may be amicably settled.”

Given the important role of the barangay as the basic politcal unit, this proposed
measure, to be known as the Magna Carta for Barangays, intends to help barangays
effectively perform their mandate of delivering basic services and facilities to their
respective communities in the most efficent, responsive and sustainable manner.

One of the ways to aid the barangays in the performance and effective delivery
of their mandate, the Magna Carta for Barangays also seeks to recognize barangay
officials as regular government employees with fixed salaries, allowances, insurance,
medical and dental coverage, retirement benefits and such other fringe benefits for
which a regular employee may be entitled to, as opposed to the present arrangement of
compensating them through the mere award of honoraria.

Furthermore, this measure proposes to promote the welfare of the barangays by
providing the barangays the appropriate basic services and facilities such as regular
supply of clean and potable water, public transportation, schools, health centers and
barangay halls in order to meet the requirements of their local populace. It 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, passage of this bill is earnestly sought.

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ROMMEL ilo T. ANGARA

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NINETEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )

House Bill No, 2784

Introduced by Representative ROMMEL RICO T. ANGARA

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:

TITLE
TITLE, DECLARATION OF POLICY, AND GENERAL PRINCIPLES
Section 1. Short Title. - This Act shall be known as “The Magna Carta for

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4° Barangays.”

5 Sec. 2. Declaration of Policy. — It is the policy of the State to promote,
6 develop and improve the general welfare of barangay residents, raise the economic and
7 social status of barangay officials, grant every barangay, the basic facilities for decent,
8 healthy and comfortable living therein and provide new measures that will insire its
9 enjoyment of local autonomy to ensure the effective performance of its role as the
10 primary planning and implementing unit of government programs, projects and
11 activities, and as a forum in which the collective views of the people in the community

12 may be crystallized and considered.

3 Sec. 3. General Principles. — The following are the general principles of this
14 Act:

15 a. The national government shall give more attention to the development of the
16 barangay, as itis the base of this country’s economy.

v7 b. Every barangay shall be given the authority and capability to solve its
18 problems on its level.

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

21 TITLE It

2 BARANGAY OFFICIALS AS REGULAR GOVERNMENT EMPLOYEES

2B Sec. 4. The Barangay Officials as Regular Government Employees. ~ The

24 punong barangay, sangguniang barangay members, the sangguniang kabataan (SK)

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chairperson, the barangay secretary and barangay treasure 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. 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 in 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:

a) Punong Barangay - An amount equivalent to the salary of a sangguniang
bayan member of his municipality;

b) Six Sangguniang Barangay Members - An amount equivalent to eighty
percent (80%) of the salary of a sangguniang bayan member of his
municipality;

©) SK Chairperson, 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.

TITLE It
BASIC PRIORITIES IN THE BARANGAY
Sec. 6. Drinking Water for Every Barangay. - It is the right of every
barangay to have a 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/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.

Sec. 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.

Sec. 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.

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It shall also be the right of every barangay to have one health center and one barangay
hall,
TITLE IV
MEASURES TO ASSURE THE ENJOYMENT OF LOCAL AUTONOMY

Sec. 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.

Sec. 10. 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 their proper
disposition by the barangay officials.

Sec. 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 offices and/or
manufacturing plant is located within the barangay.

Sec. 12, 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 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.
TITLE V
CAPACITY BUILDING OF BARANGAY OFFICIALS
Sec. 13, Mandatory Training Programs for Barangay Officials and
Personnel, ~ Prior to assuming office, newly elected barangay officials and appointed
barangay personnel shall undertake mandatory training programs to develop their skills
relative to governance, public policy, administration and leadership.

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For these purposes, the Department of Interior and Local Government with the
assistance of the Development Academy of the Philippines (DAP), the Local Government
Academy (LGA), and the University of the’ Philippines-National College of Public
‘Administration and Governance (UP-NCPAG), shall jointly design and implement the
mandatory and continuing training programs for barangay officials.

TITLE VI
SUNDRY MATTERS

Sec. 14. 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 school books, supplies and
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 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.

TITLE VIE
ADMINISTRATION AND ENFORCEMENT

Sec, 17. Implementing Rules and Regulations, - The Secretary of the
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 deems reasonably sufficient to give interested
parties general notice of such issuance.

Sec. 18, 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, capacity building for barangay officials and, the barangay
scholarship grant.

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Sec. 19. 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 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 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.

Sec. 21. 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.

Sec. 22. Effectivity. - This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in two (2) national newspapers of general
Circulation.

Approved,

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