Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3499

HOUSE BILL Nt

M Introduced by: HON. “KUYA” JOSE ANTONIO R. SY-ALVARADO-

AN ACT TO ESTABLISH THE MAGNA CARTA FOR BARANGAYS

EXPLANATORY NOTE

Sec. 384 of the Local Government Code of the Philippines, states that 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, and as a forum wherein the collective views of
the people may be expressed, crystallized and considered, and where disputes may be amicably
settled

‘As deemed persons with vital role in an organization that is structured and functioning as a
small unit of government in our country, the State shall recognize barangay officials as regular
government employees that will receive fixed salaries, allowances, insurance, medical and dental
coverage, additional retirement benefits and other fringe benefits instead of just receiving honoraria

Basic services and facilities such as regular supply of clean and potable water, public
transportation, schools, health centers and barangay halls shall also be provided to promote the
+ welfare of the barangays.

This measure will also significantly boost the effectiveness and efficiency of their
performance in the community that will further strengthen their mandate to enforce all laws and
l ordinances; maintain public order, ensure the delivery of basic services; enforce laws and
f regulations relating to pollution control and protection of the environment; adopt measures to
prevent and control the proliferation of squatters; and adopt measures to prevent and eradicate drug
abuse, child abuse, and juvenile delinquency

This will also ensure that Sangguniang Barangays can exercise local autonomy and attain
full development such as enacting ordinances; levying taxes and other revenue measures; transfer
of funds to barangays to provide for construction and maintenance of barangay facilities and other
public works like roads and bridges; regulating use of public facilities, including waterworks;
automated release of their share from national taxes; and priority in employment.

Thus, the approval of this bill is earnestly sought.

ANTONIO R. SY-ALVARADOK
Representative
First District of Bulacan

“KUYA” JOS!


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3
HOUSE BILL NO. Age

Intwoduced by: HON. *KUYA” JOSE ANTONIO R. SY-ALVARADO

AN ACT TO ESTABLISH THE MAGNA CARTA FOR BARANGAYS

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

1. TITLE, DECLARATION OF POLICY, AND GENERAL PRINCIPLES
SECTION 1. Short Title, ~ This Act shall be known as “Magna Carta for Barangays”.

SECTION 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 insure 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.

SECTION 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
barangay, as it is the base of this country’s economy.

b, Every barangay shall be given the authority and capability to solve its problems on its

level.

Self-help or people power shall be the guiding principle in all barangay development

projects.

ih. BARANGAY OFFICIAL AS REGULAR GOVERNMENT EMPLOYEES:

SECTION 4, The Barangay Officials as Regular Government Employees. - The punong
barangay, sangguniang barangay members, the kabataang barangay chairman, the barangay
secretary and barangay treasures in all barangays are hereby declared regular 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.

SECTION 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 paragraph 4 hereof shall be entitled to the following fixed salaries:

a) Punong Barangay — An amount equivalent to the salary of sangguniang bayan member
of his municipality;

b) Six Sangguniang Barangay Members ~ An amount equivalent to eighty percent (80%)
of the salary of a sangguniang bayan member of his municipality


c) Kabataang Barangay Chairman, Barangay Secretary, Barangay Treasurer — For each, an
amount equivalent to seventy-five percent (75%) of the salary of a sangguniang bayan
d). member of his municipality.

Ii, BASIC PRIORITIES IN BARANGAY

SECTION 6. Drinking Water for Every Barangay, ~ It is the right of every barangay to have a
fegular supply of clean and potable drinking water. To attain this goal, every city and municipality,
fs the case may be, is hereby required to construct and/or maintain at least one deep well with
pumping device for drawing drinking water to supply the needs of every one thousand residents for
each barangay within its jurisdiction.

SECTION 7. Transportation of 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 the appropriate government
agencies to require public utility companies operating within its jurisdiction to provide the
iminimum means or transportation in every barangay.

SECTION 8. Schools, Health Centers and Barangay Halls for the Barangays. - Every barangay
is entitled to haye 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 health center and one barangay hall.

| ly.’ MEASURES TO ASSURE THE ENJOYMENT OF LOCAL AUTHORITY

"| SECTION 9. Automatic Release of Share from National Taxes. — It shall be the duty of the

‘National, Treasury to remit automatically. to the barangays every end of the calendar year their just

ie es fromthe national taxes, ; |

SECTION 10. Transfer of Fund 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 constructions shall be transferred or remitted directly to the general fund
of every barangay for the proper disposition by the barangay officials.

SECTION 11, Mandatory Share of Barangay in All Taxes, Fees or Other Charges. - Twenty-
Fiye (25%) of all taxes collected on real property located within the barangay shall be considered

y funds and shall be allocated in accordance. with existing laws. In addition, thereto, each
rangay shall be entitled to ten percent (10%) from all other forms of taxes, fees, penalties,
ompromises or other charges collected from, persons residing in the barangay or entities whose
pillices and/or manufacturing plan js located within the barangay.

SECTION 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, development and utilization of natural wealth within its
territory, The amount of barangay share shall be determined by the city or municipality concerned
‘After consultations with the concessionaires, the municipal gr city officials and barangay officials,
Taking into account the extent of the exposure of the barangay residents to pollution, food and
liccount the extent of the exposure of the barangay residents to pollution, food and ecological

jee Provided, however, That this equitable sharing rate for each barangay shall be resolved

by all parties congemned 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.

. ne SUNDRY MATTERS

SECTION 13, Scholarship Grant, - Every barangay shall sponsor at least one scholarship grant
Every year leading to any bachelor degree to be awarded by a committee of five 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

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“shall include tuition fees and all other school fees, reasonable allowances for schoolbooks, supplies
ind transportation and other expenses as the barangay may deem appropriate.

SECTION 14. Priority in Employment, - Residents in every barangay shall have the priority in
"the hiring of workers’and laborers to be needed in any goyernment construction of development
Projects ‘within the barangay.

SECTION 15. Cooperate 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 and to take every possible effort to make cooperative undertakings
aaoay, of nae in the barangay.

yy: ADMINISTRATION AND ENFORCEMENT

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SECTION 16. Rules and Regulations. — The Secretary of Department of 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 its publication in a national newspaper of general circulation and by such other
| means as the Secretary of Local Goyernment deems reasonably sufficient to give interested parties
© general notice of such issuance

SECTION. 17. ‘Budgetary Estimates, — The Secretary of Department of Interior and Local

ernment shall, submit to, the, Congress the necessary, budgetary estimates to implement the
provisions of ‘this Act concerning the allowances, insurance, medical, dental and retirement benefits
" andother fringe benefits graces officials, the basic priorities in the barangays and the barangay
: scholarship rant

‘Provision. ~ Any person 1 hg shall willfully interfere with, restrain or coerce
‘any barangay official or barangay resident in the exercise of his or their rights guaranteed by this
| Beet who shall. in any other manner commit any act to defeat any of the provisions of this Act
“ 4) shall, upon conviction, be punished by a fine of not less than five hundred pesos nor more than two
©} ‘thousand pesos (Php 200,000.00) or by imprisonment of six (6) months and one (1) day, or both,
Subject to the discretion of the court.

HHA IRCML esha) APU ALON scuray

9, 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.

7 SECTION 20, Separabiticy Clutise. — If any provisions of this Act are declared invalid, the
mainder or any provisions JkEreof not affected thereby shall remain in force and effect

ION 21, Effectprtty. — This Act shall take effect fifteen (15) days after publication in the
chal, Gazette eri two (2) patanal newspapers of, Cen circulation.
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