Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4041

Introduced by Representative FERDINAND L. HERNANDEZ

AN ACT
PROVIDING FOR A MAGNA CARTA FOR BARANGAYS

EXPLANATORY NOTE

As the primary planning and implementing unit of government programs,
there is a need to introduce necessary improvements on the existing policies
governing our Barangays. It is a necessity to develop new measures to strengthen
their local autonomy and ensure effective performance of its leaders.

By declaring our barangay officials as regular government employees, we are
able to empower them and give due credit for their hard work and dedication to
their role as leaders in their respective barangays. Likewise, by raising the current
benefits and their appointment to permanent status during the administration of the
sangguniang barangay who appointed them, our barangay tanods will be more
motivated and will be given rightful compensation for their vital function of
maintaining peace and order in our barangays. Through raising the economic and
social status of our barangay leaders and barangay tanods, they will be able to
effectively perform their function and ensure the improvement of the general
welfare of barangay residents.

This bill also seeks to provide every barangay with its fundamental needs
such as drinking water, transportation, elementary school, health center, and
mandatory share in the taxes collected by other tax-collecting bodies in their
jurisdictions. It shall also mandate sponsorship of at least one barangay scholar for
any bachelor’s degree, helping contribute to the education of our youth.

Ultimately, the bill shall ensure that barangay services are delivered more
efficiently, leading to a better quality of life for all.
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In view of the foregoing, passage of the bill is earnestly sought.



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 4041

Introduced by Representative FERDINAND L. HERNANDEZ

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
POLICY AND PRINCIPLES

Section 1. Short Title. - This Act shall be known as the “Magna Carta for
Barangay Act of 2019.”

Sec. 2. Declaration of Policy. - It is the policy of the State to promote, develop
and improve the general welfare of the barangay and its residents, raise the
economic and social status of barangay officials, grant every barangay the basic
facilities for decent, healthy and comfortable living, and provide new measures that
will protect its enjoyment of local autonomy to ensure the effective performance of
its role as the primary planning and implementing unit of government programs,

projects, activities, and as a forum in which the collective views of the people in the


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community may be crystallized.

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
concems on its level; and

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

ARTICLE II
BARANGAY OFFICIALS

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 such as hazard pay, Representation and

Transportation Allowance, Personnel Economic Relief Allowance, Productivity
Incentive Bonus, Clothing Allowance and 13th month pay, and other benefits such
as insurance, medical and dental coverage, retirement benefits, and all 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 Section 4


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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/her municipality or city;

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

) Sangguniang Kabataan Chairperson, Barangay Secretary and Barangay
Treasurer ~ An amount equivalent to seventy-five percent (75%) of the salary
of the sangguniang bayan member of his/her municipality or city.

Sec. 6. Appointment, Selection and Benefits of Barangay Tanods. - There shall
be barangay tanods in every barangay who shall maintain peace and order, and
enforce all laws and ordinances relative to the protection of lives and properties in
their respective barangays. The sangguniang barangay shall, through a resolution,
determine the appropriate number of barangay tanods needed in their respective
barangay.

The appointment and selection of barangay tanods shall be done by the Punong
Barangays with the concurrence of the majority of the members of the sangguniang,
barangay concerned in accordance with merit and 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 concerned, of good moral character and of
sound mind: Provided further, That patronage or partisan considerations shall not be
a basis for such selection and appointment.

Barangay tanods shall be appointed to a permanent status during the
administration of the sangguniang barangay which appointed them.

Barangay tanods shall receive the following benefits and privileges:

(a) Honoraria, allowances, and such other emoluments as may be authorized
by law or barangay, municipal or city ordinance in accordance with the

provisions of Republic Act No. 7160, but in no case shall it be less than Six


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hundred pesos (P600.00) per month;

(b) Christmas bonus of at least One thousand pesos (P1,000.00) each, the
funds for which shall be taken from the general fund of the barangay or
from such other funds appropriated by the national government for the
purpose;

(©) Insurance coverage which shall include, but shall not be limited to
temporary and permanent disability, double indemnity, accident
insurance, death and burial benefits;

(d)Free medical care including subsistence, medicines, and medical
attendance in any government hospital or institution: Provided, That such
hospital care shall include surgery or surgical expenses, medicines, X-rays,
laboratory fees, and other hospital expenses; and

() Exemption during their incumbency from paying tuition and
matriculation fees for their legitimate dependent children attending state
colleges or universities. He may likewise avail of such educational benefits
in a state college or university located within the province or city to which

the barangay belongs.

ARTICLE III
BASIC PRIORITIES IN THE BARANGAY

Sec. 7. 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. 8 Transportation for Every Barangay. - It is also the right of every
barangay to have public transportation available at least once a day. For this


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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. 9. 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. 10. Automatic Release of Share from National Taxes. ~ The share of each
barangay from alll national taxes shall be released, without need of further action,
directly to the barangay treasurer. The national taxes to be included in the base for
computing the just share of barangays shall include, but not be limited to, the
following:

(a) The national internal revenue taxes enumerated in Section 21 of
the National Internal Revenue Code, as amended, collected by the Bureau
of Internal Revenue and the Bureau of Customs;

(b) Tariff and customs duties collected by the Bureau of Customs;

(©) 60% of the national taxes collected from the exploitation and development
of the national wealth.

(d) The remaining 40% of the national taxes collected from the exploitation
and development of the national wealth shall exclusively accrue to the
host Local Government Units pursuant to Section 290 of Republic Act No.
7160 (Local Government Code);

(e) 85% of the excise taxes collected from locally manufactured Virginia and


other tobacco products.

(f) The remaining 15% shall accrue to the special purpose funds created by
Republic Act No. 7171 and Republic Act No. 7227;

(g) The entire 50% of the national taxes collected under Sections 106, 108 and
116 of the NIRC as provided under Section 283 of the NIRC;

(h) 5% of the 25% franchise taxes given to the National Government under
Section 6 of Republic Act No. 6631 and Section 8 of Republic Act No. 6632;
and

(i) The appropriate sharing for the Bangsamoro Autonomous Region in
Muslim Mindanao under Republic Act No. 11054.

Sec. 11. 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 every barangay for
their proper disposition by barangay officials, subject to auditing laws, rules, and
regulations.

Sec. 12. 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. 13. 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


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entitled to an equitable share of the proceeds derived therefrom. The amount of
barangay share shall be determined by the city or municipality concemed 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 from part of the general fund of
the barangay.

ARTICLE V
MISCELLANEOUS BENEFITS

Sec. 14. Scholarship Grant. — Every barangay shall sponsor at least one (1)
college scholarship grant every year 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 school books, supplies, transportation, and
other expenses as the barangay may deem appropriate.

Sec. 15. 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.

Sec. 16. Cooperative Enterprise. ~ Cooperative enterprises in the barangay
shall be encouraged. 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.


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ARTICLE VI
ADMINISTRATIONAND ENFORCEMENT

Sec. 17. Rules and Regulations. ~ The Secretary of the 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 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. 18. Appropriations. ~The amount necessary to implement the provisions

of this Act shall be included in the annual General Appropriations Act.

Sec. 19. Penal Provisions. — 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 (P500.00) nor more than two thousand pesos
(P2,000.00), or by imprisonment or six (6) months and one (1) day, or both, subject to
the discretion of the court.

Sec. 20. Separability Clause. — If any provision of this Act is subsequently
declared unconstitutional, the validity of the remaining provisions hereof shall
remain in full force and effect.

Sec. 21. 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.


1 Sec. 22. Effectivity. - This Act shall take effect fifteen days (15) after its
2 complete publication in at least two (2) newspapers of general circulation in the
3 Philippines.

Approved,