Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

4083
House Bill No.

Introduced by the Honorable Lucy Torres Gomez

EXPLANATORY NOTE

When Filipino college students are asked the question, “What is the
basic unit of Philippine society”, they are expected to make a fine
distinction in their answer — that while the family is the basic social unit
in our country, the barangay is the basic political unit.

This bill focuses its attention to that most basic political or
administrative unit in our nation, the barangay. The barangay, through
its officials, is in the frontline when it comes to the delivery of government
services. In times of calamities, whether natural or man-made, barangay
officials are the first responders especially during those moments when
the national, regional and even provincial governments appear to be
paralyzed by the cut-off of our transportation and communication
facilities. These officials maintain the peace for they have become experts
in conciliation and mediation proceedings among their kabarangays,
whom they personally know or at least are acquainted with. They are the
“to-go-to people” in times of distress whether personal or social in nature.
Hence, it is but fitting that we craft laws for their benefit and
empowerment.

In view of the foregoing, the early approval of this bill is earnestly

sought.

HON.gAIcY GOMEZ
Represent
Fourth District, Province of Leyte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

AN ACT
PROVIDING FOR A MAGNA CARTA FOR BARANGAYS

Be it enacted by the Senate and the 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 Barangays 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 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 concerns on its level; and

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

barangay development projects.

ARTICLE I
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 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

c.) 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 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;

(c)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

(e) 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 I

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 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 all 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.

(@ 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);

(€) 85% of the excise taxes collected from locally manufactured
Virginia and other tobacco products.

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

(@) 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

() 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 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 concessionaire, 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.

ARTICLE VI

ADMINISTRATION AND 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 (PS00.00) nor more than two thousand pesos
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.

Sec. 22. Effectivity. - This Act shall take effect fifteen days (15) after
its complete publication in the Official Gazette or in a newspaper of general

circulation in the Philippines.

Approved,