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HOUSE OF REPRESENTATIVEs [i RECEIVED »
Batasan Hills, Quezon City [= DATE _July26,2022 qq
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NINETEENTH CONGRESS
First Regular Session 4 aw,
House Bill No. _ 2352 __ Wo inp a

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ

al
HON. JUDE A. ACIDRE

AN ACT
PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH
WORKERS

EXPLANATORY NOTE

Barangay Health Workers (BHWs) mainly serve as community
organizers, educators, and primary health care service providers. The COVID-
19 pandemic has manifested the importance of the role of medical practitioners,
especially barangay health workers, in the community and in providing better
access to basic and quality health care services.

Thus, to recognize the significant contribution of BHWs to the community
and in line with the provision of the 1987 Philippine Constitution which states
that: “The State shall adopt an integrated and comprehensive approach to
health development which shall endeavor to make essential goods, health and
other social services available to all the people at affordable cost , the proposed
legislative measure serves to establish a Magna Carta of Barangay Health
Workers, which shall contain liberties and rights that will provide barangay
health workers with better security and compensation for their works.


This bill will allow barangay health workers to operate at maximum
capacity by giving them the necessary support, while also ensuring that their
welfare will be protected. They shall be entitled to incentives and benefits,
including but not limited to: Hazard Allowance, Subsistence Allowance, One-
time Retirement Cash Incentive, Health Benefits, Insurance Coverage, Sick
Leaves, and access to Training, Education and Career Enrichment Programs.
In addition, 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 (Php 3,000.00).

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

Rep. YEDDA MARIE K. ROMUALDEZ
Representative,“Tingog Sinirangan

. ACIDRE
ive, Tingog Sinirangan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No. __ 2352.

Introduced by

HON. YEDDA MARIE K. ROMUALDEZ
and
HON. JUDE A. ACIDRE

AN ACT
PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH
WORKERS.
Be it enacted by the Senate and the House of the 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. — \t 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
hamess 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 Department of Health (DOH) at the regional and national
levels for consolidation. The DOH is hereby mandated to maintain a national
register of BHWs.

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 the 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;

(b) 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);

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

(d) Be physically and mentally fit.

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. 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; and

(c) 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 accredited BHWs that
is accessible to the public.

Section 6. Number and Role of Barangay Health Workers. —
Notwithstanding the limitations prescribed under Section 325(a) of 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 BHWs 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;

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;

(e) 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.

A BHW 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 shall 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 20 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. /ncentives and Benefits. - A\| 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 (Php 3,000.00) 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 (Php 1,000.00) per month, subject to existing laws,
rules, and regulations;

(c) 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 concerned.
Such allowance shall, in no case, be less than One hundred pesos
(Php 100.00) per day;

(d) Transportation Allowance. - All accredited BHWs, in the
performance of their official duties, shall be entitled to a
transportation allowance of not less than One thousand pesos
(Php1,000.00) per month, subject to auditing rules and regulations;

(e) 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 (Php10,000.00) in recognition of their
loyalty and dedication, which shall be borne by the municipality or
city concerned. The provincial government may provide assistance
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 nongovernment
organizations, provide information on and opportunities for education
and career enrichment for accredited BHWs, such as in the following
programs:

(1) Educational programs which credit the years of primary
healthcare service of the BHW towards higher education
completion in institutions with stepladder curricula thus
allowing them to upgrade their skills and knowledge for
community work or to pursue further training as midwives,
pharmacists, nurses, or doctors;

2)

Continuing education, study and exposure tours, grants, field
immersion, and scholarships, among others;



(3) 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

(4) Special training programs such as traditional medicine,
disaster preparedness and other programs that address
emergent community health problems and issues.

(9) 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 (Php5,000.00) 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 the PhilHealth as
indirect contributors.

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

(h) 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;

(i) 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:

10



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

(j) 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 (Php2,000.00) for every year of service.

Civil Service Eligibility. — A first grade eligibility shall be granted to

accredited BHWs who have rendered three (3) years continuous

c

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 Attorney's
Office to a BHW in cases of coercion, interference, and in other civil
and criminal cases filed by or against the BHW arising out of or in
connection with the performance of their duties as such.


(n) Preferential Access to Loan Facilities. - The DOH in coordination
with other concerned government agencies shall provide, within one
hundred eighty (180) days after the effectivity of this Act, a
mechanism that shall provide organized BHWs access to loan
services. The agencies providing loan services will set aside one
percent (1%) of their loanable funds for organized BHW groups that
have community-based income generating projects in support of
health programs or activities.

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 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, in 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
BHWs 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 “POF Act,” and Republic Act No. 10647,
otherwise known as the “Ladderized Education Act of 2014,” including
academic credits for health-related courses.

13


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. /mplementing Rules and Regulations. - 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. Separability Clause. — \f any provision of this Act is
declared invalid or unconstitutional, the provisions not affected thereby shall
remain in full force and effect.

Section 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 20. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in at least two (2) newspapers of general

circulation.

Approved,