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Republic of the Philippines
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HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILLNO._1768

Introduced by Hon. Julienne L. Baronda

EXPLANATORY NOTE

The primary legal basis of this measure is Section 17 of Title I of the 1991 Local Government
Code, “the delivery of basic services and facilities such as health and social welfare services are
devolved to the local government units down to the barangay level that now provides for the
maintenance and operations of barangay health centers and daycare centers.

However, with the continued exodus of doctors and nurses seeking higher paying jobs abroad,
Barangay Health Workers (BHWs) have become indispensable allies of the barangay in the
delivery of health services at community level. They render voluntary primary health care
service despite the lack of allowance and benefit that could at least compensate for their selfless
volunteer work.

Despite their valuable service, it is ironic that many BHWs continue to be undervalued. Exposure
to health risks, low compensation, allowance and benefits are among the many challenges they
face.

Itis probably because of these reasons why some barangays are without or are lacking in BHWs.
There is not enough incentive to maintain the steady supply of barangay health workers.

This measure aims to address this community health dilemma as it mandates the appointment of
at least 1 barangay health worker in each and every barangay, to be appointed by the municipal
or city mayor, after proper accreditation with the local health board. With this measure, BHWs
shall also be entitled to allowances and such other benefits accorded to other appointed barangay
officials. BHWs will enjoy security of tenure as expressly provided and recognized by this
measure. These are long overdue and well-deserved entitlements and benefits in recognition of
barangay health workers who continue to help nurture our citizens’ health and wellness.

With the passage of RA 11223 or the Universal Health Care Law last February 20, 2019, it is our
fervent hope that this measure will further promote health assistance and increase the number of
BHWs actively serving the people in every barangay, strengthening the country’s thrust to make
healthcare more affordable and accessible.


In view of the foregoing, the immediate passage of this bill is earnestly sought.

Rep. Julphhe “Jam” L. Baronda
District Representative
Lone District of Iloilo City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 1 768

Introduced by Hon. Julienne L. Baronda

AN ACT PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH
WORKERS

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

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

SECTION 2. Declaration of Policy - It is hereby declared the policy of the State to protect and
promote the right to health of people and adopt an integrated and comprehensive approach to
health development. Pursuant thereto, it shall endeavor to make essential goods, healthcare, and
other social services available to all the people. In line with the country’s commitment to
accomplish health indicator targets under United Nations’ Millennium Development Goals
(MDGs), the State shall adopt policies that promote the welfare and well-being of barangay
health workers who are the forefront of the delivery of healthcare at the grassroots level, and
which shall effectively harness their potential as partners in development.

SECTION 3. Definition - As used in this Act, the term “barangay health worker” refers to a
person who has undergone training under any accredited government and nongovernment
organization and who voluntarily renders primary healthcare services in the community after
having been accredited to function as such by the local health board in accordance with the
guidelines promulgated by the Department of Health (DOH) pursuant to Section 3 of Republic
‘Act No. 7883 otherwise known as the “Barangay Health Workers’ Benefits and Incentives Act of
1995.”

SECTION 4. Registration - Barangay Health Workers (BHWs) shall be registered with the local
health board in the city or municipality in which they render service. The registered health
workers shall be given appropriate proof of said registration.

The municipal and city health offices shall regularly maintain and update the BHW
Registry with the assistance of the BHW Federation and shall submit the same to the municipal


or city health board. The local health offices shall submit a copy of their respective updated
BHW registry to the Provincial Health Office which shall consolidate all registries. Upon the
validation of the Provincial BHW Federation, the consolidated Provincial Registry shall be
submitted to the Provincial Health Board, and the same shall be posted in the municipal or city
bulletin boards and barangay health centers.

The Provincial BHW Registry shall be submitted on or before April 30 of every year to
the DOH at the regional and national levels for consolidation. The DOH is hereby mandated to
maintain a national register of BHWs.

In order to qualify for registration, a barangay health worker must:

a)

Have rendered basic community health care services continuously and satisfactorily for at
least six (6) months immediately preceding the date of filing of application for
registration in the barangay as certified by the Rural Health Midwife (RHM) or public
health nurse assigned to the barangay and by the head of the barangay health workers
association;

Have completed the basic orientation and training for BHWs as prescribed by the DOH
and conducted by an accredited government agency, or DOH-recognized academic
institution, or nongovernmental organization (NGO);

Be at least eighteen (18) years of age at the date of the filing of the application for
registration; and,

Be physically and mentally fit.

b)

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d)

It shall be the duty of the municipal and city health offices, in cooperation with the
Provincial Health Office and DOH, to provide the BHW applicants with basic orientation and
training within six (6) months from the date of approval of their application.

SECTION 5. Accreditation - To further professionalize the health care services rendered by the
BHWs and ensure the health and welfare of the community, a duly registered BHW must be
accredited by the municipal or city health board.

The municipal or city health board shall issue the certificate of accreditation to qualified
BHWs. In order to qualify for accreditation, the applicant BHW must:

a) Be registered in accordance with Section 4 hereof;

b) Have completed in the locality at least two (2) years of continuous and satisfactory
service immediately prior to the filing of application for accreditation;

©) Have completed a regular training program on health care service and community-based
health program, that would upgrade and develop the skills and competency of BHWs to
perform their roles. The training program shall be institutionalized by the DOH, in
cooperation with local government units (LGUs).


It shall be the duty of the municipal and city LGUs, in cooperation with the provincial
government and the DOH, to provide the applicant BHWs the necessary support and
opportunities for accreditation.

A BHW must complete the regular training program on health care service and
‘community-based health program within five (5) years from registration.

The municipal and city health boards or through their registration and accreditation
committee shall act on the applications for accreditation of BHWs not later than thirty (30) days
from the date of application.

The DOH shall also maintain an updated roster of BHWs that is accessible to the general
public.

SECTION 6. Number and Role of Barangay Health Workers - Notwithstanding the limitations
prescribed under 325(a) a Republic Act No. 7160, as amended, otherwise known as “The Local
Government Code of 1991”, each barangay shall at least have one (1) BHW for every twenty
(20) households.

As one of the key partners in a reformed healthcare delivery system, the DOH and LGUs
shall support the roles of BHW as:

a) Advocate - to support, promote and champion current health programs, projects, and
activities to improve access to quality health services towards the improved health status
of the community;

b) Educator - to guide and advise the community on the current DOH and health priorities
of LGUs such as importance of birth plan and facility-based delivery in reducing
maternal and infant deaths; newborn screening for the early detection of congenital
metabolic disorders which may lead to mental retardation and even death, among others;

c) Disseminator - to maintain regular communication with local professional health workers
on health events and updates and concerns relevant to the community and inform the
same to the community for appropriate action, if necessary;

d) Coordinator - to facilitate access to any group or association of the community with a
relevant network of or specific health and non-health service providers;

) Record Keeper - to maintain updated records of health data, health activities and events
in the community;

f) Health Care Service Provider ~ to assist and provide basic healthcare services as may be
needed in the community in any health event.

ABHW shall not be required to engage in any partisan political activity.


SECTION 7. Mandatory Appointment of Barangay Health Worker (BHW). — There shall be
appointed at least one (1) BHW in every barangay for every twenty (20) households who shalll be
under the supervision and control of the DOH. The BHW so appointed shall coordinate closely
with the local government health officer in the implementation of health programs in the locality.
As far as practicable, the BHW to be employed must be a resident of the barangay.

‘The DOH shall determine the ratio of barangay health workers according to the number of
households: Provided, That there shall be at least one (1) BHW for every twenty (20)
households: Provided, further, That the total number of barangay health workers nationwide shall
not be less than one percent (1%) of the total population.

SECTION. 8. Incentives and Benefits. — All BHWs who are actively and regularly performing
their duties shall be entitled to monthly honoraria in the amount of not less than Three thousand
pesos (P3,000.00) subject to adjustment based on the prevailing market value, in addition to the
following incentives and benefits:

a) Privileges for the BHWs. ~ All accredited BHWs shall be entitled to twenty percent (20%)

discount on all the items enumerated under Section 4(a) of Republic Act No. 9994
otherwise known as the “Expanded Senior Citizens Act of 2010”: Provided, That the
privileges shall not be claimed if the BHW is eligible for a higher discount that may be
granted by the commercial establishment or other existing laws.
‘The commercial establishment may claim the discount granted under this Section as tax
deduction based on the cost of goods sold or services rendered: Provided, that the
discount shall be allowed as deduction from the gross income for the same taxable year
that the discount is granted: Provided, further, that the total amount of the claimed tax
deduction net of value-added tax, if applicable, shall be included in their gross sales
receipt for tax purposes and shall be subject to proper documentation and to the
provisions of the National Internal Revenue Code of 1997, as amended.

b) Hazard Allowance. — All accredited BHWs shall be entitled to hazard allowance in an
amount to be determined by the local health board of the LGU concerned, which in no
case shall be less than One thousand pesos (P1,000.00) per month, subject to existing
laws, rules, and regulations;

Subsistence Allowance. ~ All accredited BHWs who render service within the premises
of isolated barangay health stations shall be entitled to subsistence allowance equivalent
to the meals they take in the course of their duty, which shall be computed in accordance
with prevailing circumstances as determined by the LGU concemed. such allowance shall,
in no case, be less than One hundred pesos (P100.00) per day;

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d) Transportation Allowance. — All accredited BHWs, in the performance of their offi
duties, shall be entitled to a transportation allowance of not less than One thousand pesos
(P1,000.00) per month, subject to auditing rules and regulations;


°)

8)

1)

One-time Retirement Cash Incentive. — An accredited BHW who has continuously and
satisfactorily served for at least fifteen (15) years shall be entitled to a one-time
retirement cash incentive of not less than Ten thousand pesos (P10,000.00) in recognition
of their loyalty and dedication, which shall be borne by the municipality or city
concerned. The provincial government may provide ice for this purpose, in the
case of component cities;

Training, Education and Career Enrichment Programs. — The DOH shall, in coordination
with the Department of Education (DepEd), Commission on Higher Education (CHED),
Technical Education and Skills Development Authority (TESDA), DOH-recognized
academic institutions, other concerned agencies and nongovernmental organizations,
provide information on and opportunities for education and career enrichment for
accredited BHWs, such as in the following programs:

. Educational programs which credit the years of primary healthcare service of the BHW

towards higher education completion in institutions with step ladder curricula thus
allowing them to upgrade their skills and knowledge for community work or to pursue
further training as midwives, pharmacists, nurses or doctors;

. Continuing education, study and exposure tours, grants, field immersion, and

scholarships, among others;

. Scholarship benefits in the form of tuition fees in state colleges, to be granted

to one (1) child of every barangay health worker who will not be able to take advantage
of the programs described in paragraphs (1), (2), and (3) hereof; and

. Special training programs such as traditional medicine, disaster preparedness and other

programs that address emergent community health problems and issues.

Health Benefits. — All accredited BHWs shall be entitled to the following health benefits
during their incumbency:

1. Free medical care, including surgery and surgical expenses medicines, x-ray and
other laboratory fees, when confined in any public hospital or health institution;

2. Emergency assistance not exceeding the amount of Five thousand pesos
(P5,000.00) chargeable against the fund of the barangay concerned, for expenses
incurred in the nearest private hospital or clinic in case of extreme emergency
where there is no available public hospital;

3. Mandatory and immediate membership in PhilHealth as indirect contributors.

‘The LGUs concerned shall also endeavor to provide other health benefits to accredited
BHWs not otherwise provided by law;

Insurance Coverage. — Accredited BHWs shall be granted insurance coverage and
benefits by the Government Service Insurance System (GSIS) which shall be borne by
the LGU concerned. For this purpose, the GSIS shall design an insurance benefit package
suited to the needs and unique circumstances of the BHWs;

Sick, Vacation and Maternity Leaves. — All accredited BHWs shall be entitled to sick,
vacation and maternity leaves as may be prescribed in the implementing rules and


regulations of this Act: Provided, That, the BHWs shall continue to receive their monthly
honoraria while on leave, for such period in accordance with existing laws and practices.

i) Cash Gift. ~ All accredited BHWs are entitled to a cash gift not less than the minimum
monthly honoraria to be given every December from the general fund of the barangay or
from such other funds appropriated by the national government for the purpose;

k) Disability Benefit. - An accredited BHW who sustains an injury or falls ill in the course
of the performance of their duties shall be entitled to Two thousand pesos (P2,000.00) for

every year of service.

1) Civil Service Eligibility. — A first grade eligibility shall be granted to accredited BHWs
who have rendered three (3) years continuous service as such: Provided, That should a
BHW become a regular employee of the government, the total numbers of years served
as such shall be credited to the BHW’s service in the computation of retirement benefits.

No person duly accredited as a BHW shall be removed except for a valid cause to be
determined by the Local Health Board (LHB): Provided, That if found to be unjustly
removed from service, a BHW shall be entitled to reinstatement without loss of benefits
and incentives from the time of termination up to the time of his reinstatement. The LHB
shall resolve termination cases against a BHW judiciously not later than ninety (90) days
from the receipt of a complaint.

m) Free Legal Services. — Legal representation and consultation services shall be
immediately provided by the Public Attomey’s Office to a BHW in cases of coercion,
interference, and civil and criminal cases filed by or against the BHW arising out of or in
connection with the performance of their duties as such.

SECTION 9. Review by the Local Health Board. — Every incentive or benefit for BHWs
requiring expenditure of local funds shall be reviewed and approved by the LHB. Such benefits
and incentives may be increased, upon review of the LHB, after considering, among others, the
present Consumer Price Index (CPI) as published by the Philippine Statistics Authority (PSA).”

SECTION 10. Discrimination Prohibited. — Discrimination against any BHW by reason of
gender, civil status, creed, religious or political beliefs and ethnic groupings in the exercise of
their functions and responsibilities is hereby prohibited.

SECTION 11. Protection of BHWs. - The municipal, city, provincial governments and the
Department of the Interior and Local Government (DILG) shall establish a grievance mechanism
‘as a means of processing complaints of BHWs against alleged acts of discrimination and unjust
removal from the service. A BHW may appeal their grievances to the DILG.

SECTION 12. Right to Self-organization. - A BHW shall have the right to freely form, join or
assist organizations to obtain redress of their grievances through peaceful concerted activities. i
a manner not contrary to law, and with utmost regard to service to patients and the continuous
operation of barangay health services in the interest of public health, safety, or survival of
patients.



SECTION 13. Representation in the Local Health Board and Primary Health Care Provider
Network. — The president of the municipal or city association of BHWs shall be a member of the
municipal or city local health board. The presidents of the association of BHWs of each
component city and municipality associations of a province shall elect from among themselves
their representative to the provincial health board: Provided, That, the BHW representatives to
the health boards shall not be allowed to vote on the registration, accreditation and disciplinary
or removal complaints of BHWs.

The BHWs shall also form part of the healthcare provider network and shall participate in the
implementation of healthcare services and programs.

SECTION 14. Continuous Capacity Building for BHWs. — The DOH shall conduct continuous
capacity building for BHWs to enhance and upgrade their knowledge and skills, including
training programs conducted online and in major Philippine dialects.

The DOH shall, in coordination with TESDA and other concerned agencies, also assist the LGUs
in the development of education modules or materials that highlight the collective experiences
and learnings of BHWs and the use of traditional and complementary medicine.

The LGUs shall endeavor to establish their own training centers for BHW and other health
workers in coordination with TESDA, NGOs, and other agencies concerned.

The LGUs shall also implement a development program for BHWs that will allow them
to benefit from ladderized training as provided under Republic Act No. 10968, otherwise known
as the “PQF Act,” and Republic Act No. 10647, otherwise known as the “Ladderized Education
Act of 2014,” including academic credits for health-related courses.

SECTION 15. Penalty Clause. — Any local government official who violates any provision of
this Act may be administratively and criminally charged in accordance with law.

SECTION 16. Appropriations. - The amount necessary for the implementation of this Act shall
be charged against the National Tax Allotment (NTA) of the LGUs, other local funds and the
special health fund under Republic Act No. 11223 otherwise known as the “Universal Health
Care Act”.

SECTION 17. Implementing Rules and Regulation. - The DOH and the DILG shall, in
consultation with the DepEd, the CSC, the GSIS, and other concerned government agencies and
nongovernmental entities, promulgate the rules and regulations to implement this Act not later
than one hundred eighty (180) days from the effectivity of this Act

SECTION 18. SEC. 19. Repealing Clause. ~ Republic Act No. 7883 otherwise known as the
“Barangay Health Workers’ Benefits and Incentives Act of 1995” is hereby repealed. All laws,
decrees, executive orders, rules and regulations, which are inconsistent with this Act are hereby
repealed, or modified accordingly.


SECTION 19. Effectivity - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette.

Approved,