Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL

Introduced by REP. FAUSTINO ‘INN!

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EXPLANATORY NOTE

The barangay, as the basic political unit, serves as the primary planning and
implementing unit of government policies, plans, programs, projects, and activities in the
community. Barangays are at the forefront of government service. How well barangays
perform impact the quality of basic services that people receive.

This proposed measure aims to (a) improve the compensation and benefits received by
barangay officials; (b) ensure the availability of basic services and facilities in the barangays
for the benefit of the residents; and (c) strengthen the capability of barangays to perform and
deliver the services expected from them.

Similar measures have been filed in the House of Representatives and the Senate in
previous Congresses in cognizance of the important role of barangays and barangay officials.

In view of the foregoing, the passage of this bill in the 18" Congress is earnestly sought.

STINO ‘INNO’ A. DY V


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4324
HOUSE BILL NO.__

—.

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

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AN ACT ESTABLISHING THE MAGNA CARTA FOR BARANGAYS

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

I. GENERAL PROVISIONS
SEC. 1. Short Title. — This Act Shall be known as “The Magna Carta for Barangays.”

SEC. 2. Declaration of Policy. It is hereby declared 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, provide new measures that will ensure 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.

SEC. 3. General Principles. ~The following are the general principles of this Act:

(@) The national government shall provide more attention to the development of the
barangay, as it is the base of this country’s economy.

(b) Every barangay shall be granted the authority and capability to solve its problems
at its level.

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

IL. COMPENSATION AND BENEFITS OF BARANGAY OFFICIALS

SEC. 4. The Barangay Officials as Regular Government Employees. - The Punong
Barangay, Sangguniang Barangay Members, the Barangay Secretary and the Barangay
Treasurer 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.

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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 funds 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 shall be entitled to the following fixed salaries:

1. Punong Barangay — An amount equivalent to the salary of a sangguniang bayan
member of his municipality or city.

2. 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.

3. Barangay Secretary, Barangay Treasurer - An amount equivalent to seventy-five
percent (75%) of the salary of a sangguniang bayan member of his municipality or
city.

III. BASIC PRIORITIES IN THE BARANGAY

SEC. 6. Drinking Water for Every Barangay. — \t is the right of every barangay to have a
regular supply of clean and potable drinking 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
(1) deep well with a pumping device for drawing drinking water for every one thousand (1,000)
residents of 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 representation before the appropriate
government agencies to require public utility companies operating within their jurisdictions to
provide the minimum means of public transportation in every barangay.

SEC. 8. Schools, Health Centers and Barangay Halls for the Barangays. — Every barangay
is entitled to have at least one (1) elementary school, provided that there shall be at least one
(1) high school every five (5) kilometers from the barangay center. It shall also be the right of
every barangay to have one (1) health center and one (1) barangay hall.

IV. MEASURES TO ASSURE THE ENJOYMENT OF LOCAL AUTONOMY

SEC. 9. Automatic Release of Share from National Taxes. - \t shall be the duty of the National
Treasury to automatically remit to the barangays their just share from the national taxes every
end of the calendar year.

SEC. 10. Transfer of Funds to Barangays for the Maintenance of Roads and Bridges. — All
public funds appropriated form 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 proper disposition by their respective barangay officials, subject to
auditing laws, rules, and regulations.

SEC. 11. Mandatory Share of Barangay in All Taxes, Fees or Other Charges. ~ Twenty-five
percent (25%) of all taxes collected on real properties located within the barangay shall be
considered barangay funds and shall be allocated in accordance with existing laws. In addition

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thereto, each barangay shall be entitled to ten percent (10%) of 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 plants are 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, utilization and development of natural resources
within its territory. The amount of the barangay share shall be determined by the municipality
or city 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, floods, and other ecological imbalances: Provided, however, That the equitable
sharing rare for each barangay shall be resolved by all concerned parties not later than six (6)
months from the approval of this Act, Revenues derived from this source shall form part of the
general fund of the barangay concerned.

'V. MISCELLANEOUS MATTERS

SEC. 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 and transportation and other expenses as the barangay may deem
necessary and appropriate.

SEC. 14, Priority in Employment. — Residents of every barangay shall receive priority in the
hiring of workers and laborers for any government construction or development project within
their respective barangays.

SEC. 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 such enterprises and to take every possible effort to make cooperative
undertakings a way of life in the barangay.

VI. ADMINISTRATION AND ENFORCEMENT

SEC. 16. Rules and Regulations. — The Secretary of the Department of Interior and Local
Government and the Secretary of the Department of Budget and Management 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 shall deem reasonably sufficient to provide interested parties general notice
of such issuance.

SEC. 17. Budgetary Estimates. — The Secretary of the Department of Interior and Local
Government and the Secretary of the Department of Budget and Management shall submit to
Congress the necessary budgetary estimates to implement the provisions of this Act concerning
the salaries, allowances, insurance, medical, dental, and retirement benefits and other fringe

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benefits of barangay officials, the basic priorities in the barangays, and the barangay
scholarship grant.

SEC. 18, Penal Provision. - Any person who shall willfully interfere with, restrain or coerce
any barangay official or barangay resident in relation to 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 thereof, upon conviction, be punished by a fine of not less than Five Hundred Pesos
(Php 500.00) nor more than Two Thousand Pesos (Php 2,000.00), or by imprisonment of up to
six (6) months, or both, subject to the discretion of the court. Ifthe offender is a public official,
the court shall order his dismissal from the government service.

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

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. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) national newspapers of general circulation.

Approved.