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

HOUSE OF REPRESENTATIVES
3305

House Bill No. >*

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE

Barangay, the basic political unit in our country, is also the primary planning and
implementing unit of government policies and programs. Needless to say, the role of barangay is
very essential in nation-building and direct delivery of basic services to the people and the
community. For this reason, it is imperative that measures which promote, develop, and improve
the general welfare of the barangay, its officials and residents be upheld through a Magna Carta.

Magna Carta, also called ‘The Great Charter’, is considered as one of the most important
documents in history. Its terms meant that no one was above the law, and guaranteed the rights of
individuals.

‘The creation ofMagna Carta for Barangays shall signify that the State recognizes that these
basic political units play a fundamental part in building a nation.

This bill seeks to provide a Magna Carta for Barangays, which covers the following specific
provisions:

1. Barangay officials shall be considered as regular government employees with fixed salaries,
allgwances, insurance, medical and dental coverage, retirement benefits, and other fringe
benefits to which a regular government employee is entitled;

2. Basic necessities, such as regular supply of clean and potable water, public transportation,
schools, health centers, and barangay halls, shall be provided to every barangay;

3. Automatic release of share from national taxes;

4. Transfer of funds to the barangay for maintenance of roads and bridges within its area of

jurisdiction;

Mandatory share of barangays in taxes, fees and other charges; and

6. Priority in employment for residents of barangays where a government construction or
development will be implemented.

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

Representative, 2nd District, Tarlac


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

HOUSE OF REPRESENTATIVES

3305

House Bill No. **

Introduced by Representative Victor A. Yap

AN ACT
PROVIDING FOR A MAGNA CARTA FOR BARANGAYS

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

ARTICLE I
TITLE, DECLERATION OF POLICY, AND GENERAL PRINCIPLES

SECTION I. Short Title. — This Act shall be known as the “Magna Carta for Barangays.”

SEC. 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 ensure its enjoyment of local autonomy for 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:

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

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

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

ARTICLE I
BARANGAY OFFICIALS AS REGULAR GOVERNMENT EMPLOYEES

SEC. 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 barangays are hereby declared regular government
employees, and as such are entitled to the salary, emoluments, allowances, and benefits, such as but
not limited to insurance, medical and dental coverage, retirement benefits, and all the 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 fund and the corresponding appropriation ordinance, which in no
case shall be later than six (6) months from the approval hereof, the following barangay officials
shall be entitled to the following fixed salaries:

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

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

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 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.

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 appropriate government
agencies to require public utility companies operating primarily within its jurisdiction to provide
the minimum means of transportation in every barangay.

SEC. 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)
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.

ARTICLE IV
MEASURES TO ASSURE THE ENJOYMENT OF LOCAL AUTONOMY

‘SEC. 9. Automatic Release of Share from National Taxes. - The allotment representing the
share of the barangay from the national taxes shall be released without need of any further action
directly to the barangay treasurer on a quarterly basis within five (5) days after the end of each
quarter.

SEC. 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 construction works shall be transferred or remitted directly to the general fund of

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every barangay for their proper disposition by barangay officials, subject to auditing laws, rules,
and regulations.

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 office 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. - 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 therefrom. 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, 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 form part of the general fund of the barangay.

ARTICLE V
MISCELLANEOUS BENEFITS

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, alter
competitive examinations are given to applicants, who should be bona fide residents of the
barangay. The grant shall include tuition fees and other school fees, reasonable allowances for
schoolbooks, supplies, transportation, and other expenses as the barangay may deem appropriate.

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

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

ARTICLE VI
ADMINISTRATION AND ENFORCEMENT

SEC. 16. Rides and Regulations. - The Secretary of the Interior and Local Government shall
promulgate within ninety (90) days from approval hereof, 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 (30) days after 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.

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


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SEC. 18. Penal Provisions. - Any person who shall willfully 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 (P500.00) nor more than Two
thousand pesos (P2,000.00), or by imprisonment of six (6) months and one (1) day, or both tine and
imprisonment, subject to the discretion of the court.

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

SEC. 19. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected by such declaration shall remain in full force and
effect,

SEC. 20. Repealing Clause. - All laws, executive and administrative orders, rules and
regulations inconsistent with the foregoing provisions are hereby repealed or modified accordingly.

SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,