Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 3707

Introduced by Rep. ANGELO MARCOS BARBA
2© District, Hocos Norte

EXPLANATORY NOTE

The barangay is the basic political unit of the country. It 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.*

Barangays are expected to effectively and efficiently operate in the
grassroots level. However, due to the lack of government support, the
barangays are not able to meet what is expected of them. Indeed, they are at
the frontlines of government service, but the services they deliver to our
communities are often overlooked. Also, the compensation provided under the
Local Government Code does not fairly represent their vital role in carrying
out the basic services for the community.

This bill is, therefore, filed to address the plight of the barangays as it
seeks to provide all barangays the appropriate basic services and facilities to
meet the needs of the community.

The measure also proposes the classification of 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 government employee may be entitled to in
consideration of their crucial role and involvement in our system of
government.

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

ANGE! ‘COS BARBA

* Section 384, Local Government Code of the Philippines


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BillNo, 2707

Introduced by Rep. ANGELO MARCOS BARBA
2m District, locos Norte

AN ACT PROVIDING MAGNA CARTA FOR BARANGAYS

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

ARTICLE 1.
GENERAL PRINCIPLES.

SECTION 1. Short Title. — 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 insure 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 general principles of this Act are
as follows:

a. The national government shall give more attention to the development
of barangays, as they are the country’s basic political units;

b. Every barangay shall be given the authority and capability to handle
its concerns on its level; and

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


ARTICLE 2.
BARANGAY OFFICIALS AS
REGULAR GOVERNMENT EMPLOYEES

SECTION 4. Barangay Officials as Regular Government Employees. ~
The punong barangay, members of the sangguniang barangay, the
sangguniang kabataan chairperson, the barangay secretary, and barangay
treasurer in all brangays are hereby declared regular government employees,
and as such are entitled to the salary, emoluments, allowances, benefits such
as insurance, medical, and dental coverage, and retirement benefits, and all
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 in no
case shall be later than six (6) months from the approval hereof, all barangay
officials mentioned in Section 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 or city.

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

©. Sangguniang Kabataan Chairperson, Barangay _ Secretary,
Barangay Treasurer — An amount equivalent to seventy-five (75%) of
the salary of a sangguniang bayan member of his municipality or city.

ARTICLE 3.
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 or maintain at least one (1) facility for drawing drinking water to
supply the needs of every one thousand (1,000) 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
necessary representations before appropriate government agencies to require
public utility companies operating primarily within its jurisdiction to provide
the minimum means of transportation in every barangay.

SECTION 8. Schools, Health Centers, and Barangay Halls for the
Barangays. — As far as practicable, every barangay is entitled to have at least


one (1) kindergarten and at least one (1) elementary school: Provided, That
there shall be at least one high school for every five (5) kilometres from the
barangay center. It shall also be the right of every barangay to have one (1)
health center and one (1) barangay hall.

ARTICLE 4.
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 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 construction works shall be transferred or remitted directly to the
general fund of every barangay for their proper disposition by barangay
officials, subject to auditing laws, rules, and regulations.

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 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 exploitation,
utilization, and development of natural resources within its territory, every
barangay shall be entitled to an equitable share of the proceeds derived
thereform. The amount necessary 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 exposure of the barangay residents to pollution, flood, and ecological
imbalance: Provided, That this equitable sharing rate for each barangay shall
be resolved by all parties concerned not late 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.

ARTICLE 5.
MISCELLANEOUS BENEFITS

SECTION 13. Scholarship Grant. — Every barangay shall sponsor at least
one (1) scholarship grant every year leading to any bachelor degree to be
awarded by a committee of five (5) 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, transportation, and other
expenses as the barangay may deem appropriate.

SECTION 14. Priority in Employment. — Residents in every barangay
shall have priority in the hiring of workers and laborers to be needed in any
government construction or development project 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.

ARTICLE 6.
ADMINISTRATION AND ENFORCEMENT

SECTION 16. Rules and Regulations. — The Secretary 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 the
publication in a newspaper of general circulation and by such other means as
the Secretary deems reasonably sufficient to give interested parties general
notice of such issuance.

SECTION 17. Appropriations. — The amount necessary to implement the
provisions of this Act shall be included in the annual General Appropriations
Act.

SECTION 18. Penal Provisions. — Any person who shall wilfully interfere
with, restrain or coerce any barangay official or barangay resident in the
exercise of the 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
(PhP500.00) nor more than two thousand pesos (PhP2,000.00), or by
imprisonment of six (6) months and one day, or both, subject to the discretion
of the court.

If the offender is a public official, the court shall, after conviction, order
his dismissal from the government service in addition to the imposable
penalties.

SECTION 19. Separability Clause. ~ If any provision of this Act is
declared invalid, the remainder or any provisions thereof not affected thereby
shall remain in force and effect.

SECTION 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.


SECTION 21. Effectivity Clause. — This Act shall take effect upon its
publication in two (2) newspapers of general circulation.

Approved,