INTATIVES

_ RECEIVED
Republic of the Philippines NA on ona
HOUSE OF REPRESENTATIVES pare: 24 WL 2013
SEVENTEENTH CONGRESS ey (LG.
First Regular Session —?
984 RESISTRAUTON UNIT
House Bill No. BILLS AN INCEX SERVICE

Introduced by Rep. LAWRENCE LEMUEL H, FORTUN

EXPLANATORY NOTE

Despite the lack of adequate facilities and resources, barangay tanod brigade have consistently
proved to be effective in the maintenance of public order, protection and security of life and property
and the maintenance of a desirable environment in their respective barangays.

However, sangguniang barangays may, at times, have difficulty in the selection of barangay
tanods because very few barangay residents show interest in becoming part of the tanod brigades. This
problem is admittedly due to the low sense of worth and dignity in the work of barangay tanods
because of the lack of a serious effort in promoting and enhancing their social, economic, living and
working conditions

This bill seeks to grant to barangay tanods similar privileges and benefits received by other
appointive barangay officials to improve their economic welfare and to enhance their skills and
capabilities to make them better equipped in the maintenance of peace and order in barangays, thereby
effectively helping the National Government in its efforts to deter and put an end to the upsurge of
criminality in the country.

It is contended that it is only through the grant of special benefits, privileges and opportunities
for personal development can the government effectively encourage barangay residents to take interest
in joining tanod brigades and render service befitting their positions.

More importantly, the work of a barangay tanod entails great personal sacrifice. Hence, it is but
just and reasonable for the government to recognize his/her services which he/she selflessly offers to

his community

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

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

DA
House Bill No, 984

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

“AN ACT PROVIDING FOR A MAGNA CARTA FOR BARANGAY TANODS”

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

SECTION 1. Title. - This Act shall be known as the “Magna Carta of Barangay Tanods”

SECTION 2. Definition of Terms — As used in this Act, the following terms shall mean as
follows:

a) Barangay Tanod — A barangay member or resident appointed by the Punong Barangay
upon selection and approval by a majority of all the members of the sangguniang barangay, and is
changed with the maintenance of public order, protection and security of life and property, or the
maintenance of a desirable and balanced environment, whose duties and functions are enumerated
under Sec. 6 of this Act;

b) Merit and Fitness Principle — By merit and fitness principle in the selection and
appointment must be made solely on the basis of qualification, capability, competency, aptitude,
experience of fitness, rather than on patronage or partisan reasons.

SEC. 3. Declaration of Policy. - It shall be the policy of the State to promote and enhance the
social and economic well-being of the barangay tanods, their living and working conditions and terms
of employment. The State shall develop and improve their skills and capabilities to make them better
equipped in the maintenance of peace and order in the barangays, thereby effectively helping not only
the local governments but the National Government as well in its efforts to deter and put an end to the
upsurge of criminality in the country. The State shall likewise enjoin the Sangguniang Barangay to
eliminate partisan considerations in the selection and appointment of barangay tanods and to retain
those with commendable qualifications and track record of service.

SEC. 4. Coverage. - This Act shall cover all barangay tanods of all barangays.

SEC. 5. Selection and Qualifications. - The appointment of barangay tanods shall be done by
the Punong Barangay upon selection and approval by a majority of the members of the sangguniang
barangay concerned in accordance with the merit and fitness principle: Provided, That no person shall
be appointed barangay tanod unless he or she is a citizen of the Philippines, a resident of the barangay
concemed, of good moral character, of sound mind and has completed at least elementary education:
Provided further, That patronage or partisan considerations shall not be a basis for such selection and
appointment, otherwise the same shall be null and void if so proved in a proper proceeding.

SEC. 6. Duties and Functions. - All barangay tanods shall have the following duties and
functions:

a) Enforce all laws and ordinances relative to the protection of lives and properties in their
respective barangays;


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41 b) Maintain peace and order and take all the necessary steps to ensure public safety;

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B €) Report to, assist or coordinate with the local police authorities in the arrest of criminal
44 offenders who may be found in their barangays;

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46 d) Effect the arrest of criminal offenders or persons whose actions or behavior threaten public
47 order and deliver them to the proper police or judicial authorities;

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49 e) Perform such other functions as may be provided by law or ordinance,

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51 SEC. 7. Security of Tenure, - All barangay tanods shall be appointed to a permanent status

52 during the administration of the sangguniang barangay which appointed them, and no barangay tanod
53 so appointed shall be suspended or terminated except for cause: Provided, That in the event a barangay
54 _tanod is found to be unjustly suspended or terminated, he or she shall be entitled to reinstatement and to
55 payment of all honoraria, allowances and such other emoluments and benefits accruing during such
56 suspension or termination: Provided however, that if the barangay tanod does not desire to be
57 reinstated, he or she shall still receive such honoraria, allowances and such other emoluments and
58 benefits.

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60 SEC. 8. Freedom from Undue Influence, Interference and Coercion. - It shall be unlawful
61 for any person to commit any of the following interference and coercion:

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63 a) To put as a condition for selection and appointment that a barangay tanod must support or

64 vote, or must have supported or voted for any incumbent elective barangay official or for any candidate
65 of the barangay official's choice in either previous or future elections, whether local or national;

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67 b) To prevent, in any manner, a barangay tanod from effective carrying out his or her duties and
68 functions;

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70 ©) To coerce, intimidate or unduly influence a barangay tanod to refrain from arresting any

71 person who is committing, has committed or is about to commit any crime or any acts which disturb
72 public peace or order or which offends against decency, morals or good customs within the barangay
73 tanod's area of jurisdiction, or to prevent him/her from delivering such person to the proper police or
74 judicial authorities, or from reporting the same to said authorities;

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16 d) To suspend or terminate the services of a barangay tanod without just cause or without
77 observance of due process.

B

79 SEC. 9. Benefits of Barangay Tanods, - Any provision of law to the contrary notwithstanding,

80 barangay tanods shall receive the same benefits and privileges enjoyed by barangay secretaries and
81 barangay treasurers under Sec. 393 of Republic Act 7160, otherwise known as the Local Government
82 Code of 1991, including but not limited to the following

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84 a) Honoraria, allowances such other emoluments as may be authorized by law or the barangay
85 in accordance with the provisions of Republic Act 7160 but in no case shall it be less than P600.00 per
86 month;

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88 b) Christmas bonus of at least One Thousand pesos (P1,000.00) each, the funds for which shall

89 be taken from the general fund of the barangay or from such other funds appropriated by the National
90 Government for the purpose;

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92 ©) Insurance coverage, during their incumbency, which shall include, but shall not be limited to
93 temporary and permanent disability, double indemnity, accident insurance, death and burial benefits, in
94 accordance with Republic Act 6942 entitled “ An Act Increasing the Insurance Benefits of Local
95 Government Officials and Providing Funds Therefor;

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97 d) Free medical care including subsistence, medicines, and medical attendance in any
98 — government hospital or institution: Provided, That such hospital care shall include surgery or surgical


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expenses, medicines, X-rays, laboratory fees, and other hospital expenses.

In case of extreme urgency where there is no available government hospital or institution, the
barangay tanod concerned may submit himself/herself for immediate medical attendance to the nearest
private clinic, hospital or institution and the expenses nor exceeding Five thousand pesos (P3,000.00)
that may be incurred therein shall be chargeable against the funds of the barangay concerned;

e) Exemption from payment of tuition and matriculation fees for their legitimate dependent
children attending state colleges or universities.

He/she may also avail of such educational benefits in a state college or university located within
the province or city to which the barangay belongs.

£) Appropriate civil service eligibility on the basis of the number of years of service to the
barangay, pursuant to the rules and regulations issued by the Civil Service Commission;

g) Clothing allowance of at least Five hundred pesos (P500.00) annually, which amount shall
be adjusted as circumstances require.

‘Any additional benefits and privileges which shall hereinafter be granted to barangay secretaries
and barangay treasurers by virtue of any law, order, rules and regulations, ordinance, decree or other
issuances shall, as may be deemed proper, likewise be enjoyed by barangay tanods.

SEC. 10. Compensation from Injuries. - All barangay tanods shall be protected against
injuries sustained in the performance of their functions or on occasion of such performance in
accordance with the Civil Service Law.

SEC. 11. Human Resource Development, - The Department of Interior and Local Government
in coordination with the provincial, city and municipal governments shall conduct human resource
development study in the following areas:

a) Opportunities for barangay tanods to enhance their skills and potentials and experience
sense of worth and dignity in their work;

b) Allocation of funds for the participation of barangay tanods in seminars, conferences,
conventions and similar activities as part of the continuing development of their capabilities to make
them more responsive and better equipped in the performance of their functions;

c) Upgrading of their allowances, emoluments and such other benefits ot privileges received
under this Act and other existing laws, orders, decrees, ordinances and other issuances;

d) Adequate facilities and resources to improve the efficiency of barangay tanods in
maintaining peace and order in all barangays.

SEC. 12. Rules and Regulations. - The Department of Interior and Local Government shall
formulate the necessary rules and regulations for the implementation of the Magna Carta of Barangay
‘Tanods.

SEC. 13. Penal Provision. - Any person who shall knowingly and willfully interfere with,
restrain or coerce any barangay tanod in the performance of his/her functions or duties or shall in any
manner commit any act in violation of the provisions of this Act shall, upon conviction, be punished by
a fine of not less than Twenty Five Thousand Pesos (P25,000.00) but not more than Fifty Thousand
Pesos (P50,000.00) or imprisonment of not more than one (1) year, or both fine and imprisonment, at
the discretion of the court: Provided, That in case where the offender is an incumbent elective or
appointive barangay official, the same shall constitute a ground for his suspension from office:
Provided further, That where such barangay official shall have been previously found guilty of any of
the offenses herein referred to, he/she shall be subject to expulsion from office in accordance with the
provisions of Republic Act 7160.

SEC. 14. Separability Clause. - If any provision of this Act is declared unconstitutional or invalid,


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the remainder thereof no affected thereby shall continue to be in full force and effect.

SEC. 15. Repealing Clause. - All laws, decrees, orders, rules and regulations or other issuances
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least
two (2) newspapers of general circulation

Approved,