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

SIXTEENTH CONGRI
First Regular Session

3925

HOUSE BILL NO.

Introduced by Representative LEAH S. PAQUIZ of ANG NARS Party ~ List

EXPLANATORY NOTE

[As of the 2011 data of the Bureau of Local Health Development, Department of
Health: there are TWO HUNDRED NINETEEN THOUSAND FOUR HUNDRED
‘THIRTY THREE (219,438) active BARANGAY HEALTH WORKERS (BIHWs) in the
entire archipelago, Given the enormous number of the BHWs, it is but a cogent proof that
BHWs are indispensible in the delivery and promotion of primary health care programs of
our government. It is also rightful to say that BHWs are the ones working on the grassroot
level for community profiling, thus, directly dealing with the smallest unit of our society
which is the family.

These 219,493 BHWs are working full time in our communities, and yet, they are
regarded and treated as mere volunteers under Republic Act (RA) 7883 entitled, “The
Barangay Health Workers’ Benefits and Incentives Act of 1995”. Although RA 7883 provides for
an opportunity for BHWS to obtain second grade eligibility; the process of arriving thereat
seems unattainable, if not impossible. Consequently, numerous factors placed BHWs to
economic oppression and human exploitation,

Economic oppression: While the government is mindful that BHWs are volunteers,
it is unmindfill that being a BHW is their bread and butter. Perforce, the nature of their
work is full-time. BHWs are receiving an allowance ranging from ONE THOUSAND
PESOS (P1,000.00) to SIX THOUSAND PESOS (P6,000.00). This allowance is their only
source of living, sans fixed income, benefits and incentives,

Human exploitation: It is an uncontroverted fact that BHWs are at the mercy of
local government officials, due to the absence of security of tenure. Their continuous work
is dependent on the political suppore they rendered to the incumbent official, BHWs are
being terminated whimsically and capriciously by the local officials when their political
pledge belongs to another. Thus, in the case of Albana, Et. Al vs. Belo, Et. AL,
G.R.No. 158734 it was held:

“xxx xxx xxx Exhibit J details how the armed
Civilian Volunteer Organization (CVO) and
Barangay Health Workers (BHW) were effectively
used by respondents to enhance their chances of
winning,”


All the forgoing predicaments facing BHWs are defeating the very mandate
enunciated in Section 1, Article III of our Constitution on right to life or right to a good
life and right to property or right to a decent work with corresponding decent pay, to wit:

“No person shall be deprived of life, liberty or
property without due process of law, nor shall any
person be denied the equal protection of the laws.”

After 28 years of being caged in the shadows of volunteerism, it is now high time to
revisit, revise and repeal RA 7889 of 1995 in order to make the BHW a key player towards
the attainment of inclusive economic growth through sustainable human development.

Thus, the passage of this bill is earnestly sought.

REP. LEAH S. PAQUIZ
ANG NARS Party-list


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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No.__ 3925

Introduced by Representative LEAH S. PAQUIZ of ANG NARS Party ~ List

AN ACT INSTITUTING REFORMS TO PROMOTE AND PROTECT THE
ECONOMIC, SOCIAL, POLITICAL RIGHTS AND WELL BEING OF BARANGAY
HEALTH WORKERS TOWARDS QUALITY HEALTH SERVICE DELIVERY AND

APPROPRIATING FUNDS THEREFOR, REPEALING FOR THIS PURPOSE

REPUBLIC ACT NO, 7883, OTHERWISE KNOWN AS THE “BARANGAY

HEALTH WORKERS’ BENEFITS AND INCENTIVES ACT OF 1995”

Beit enacted by the Senate and the House of Representative of the Republic of the Philippines in
mgsress assembled:

SECTION 1. Short Title, ~T
Services Reform Act of 2014"

is Act shall be known as the “Barangay Health Workers and

SECTION ¥ Statement of Policy, ~ It is hereby declared the policy of the State to
promote a just and dynamic social order that will ensure prosperity and independence of the
nation and free the people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an improved quality of
life for all. The State recognizes that quality health care services promote social justice in all
phases of national development

‘The State further protects and promotes the right to health of the people and provides
conditions of health empowerment, where each individual has access to information and
services that will bring about health and well being; Primary Health Care is recognized as
the major strategy towards health empowerment, emphasizing the need to provide
accessible, available and affordable quality health services through community based -
participatory strategies

To this end, the government and all its instrumentalities recognize the economic and social
rights of barangay health workers to just compensation, consistent with the principle of
equal pay for equal work and work of equal value.

SECTION 8. Definition of Terms. —

(a) Barangay Health Worker (BLIW), is a support health worker in the barangay unit, as
defined and covered by Republic Act (RA) 7805;


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(b) Magna Carta for Public Health Workers, as used in this Act, shall refer to RA 79055

(c) Primary Health Care (PHC), is essential health care made universally accessible to
individuals and families in the community through their full participation and at a
cost that the community and country can afford to maintain at every stage of their
development in the spirit of self-reliance and self-determination. It forms an integral
part both of the country’s health system, of which it is the central function and main
focus, and of the overall social and economic development of the community,
characterized by partnership and empowerment of the people by means aeceptable to
them, It is the first level of contact of individuals, the family and community with the
national health system bringing health care as close as possible to where people live
and work, and constitutes the first element of a continuing health care process’;

(d) Public Health Worker (PHIV), as used in this Act, shall mean all persons who are
engaged in health and health-related worl, and all persons employed in all hospitals,
sanitaria, health infirmaries, health centers, rural health units, barangay health
stations, clinics and other health-related establishments owned and operated by the
Government or its political subdivisions with original charters and shall include
medical, allied health professional, administrative and support personnel employed
regardless of their employment status, as pursuant to Sec, 9 of the Magna Carta of
Public Health Workers,

SECTION 4. Barangay Health Center (BHC). ~ There shall be one Barangay Health
Center in every barangay unit, with the following basic and essential facilities and
provisions:

(a) Adequate lighting and ventilation;

(b) Adequate supply of potable water and electricity;

(c) Floor Area of at least twenty (20) square meters;

(d) Equipments including, but not limited to, blood pressure apparatus, dressing kit,

over the counter medicines, weighing scale for infants and adults, thermometers,
standard operating procedure manual from the Department of Health (DOH),
glucometer, and delivery kit;

(c) Examining Area which must be enclosed, with bed, cabinet, foot stool, and stools

(f) Toilet with sink and running water; and,

(g) Consultation Area with table, cabinet, and two chairs.

SECTION 5, Functions of the Barangay Health Center. ~ Each BHC shall have the
following functions

(a) Delivers basic and primary care services for the community (eg. immunization,
prenatal check up, check up of well and ill infants etc.);

(b) Coordinates efforts and actions of the different members of the health team;

(c) Keeps records of health indices, community profile, and other datas

(d) Serves as an area of congregation for meetings of the health team;

* Declaration of Alma Ata, international Conference on Primary Health Care, World Health Organization,
September 1978,


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(c) Serves as a training ground of future and present members of the health team; and
(f) Assists and coordinates with the respective Local Government Units (LGUs) and
appropriate offices on first aid and procedures in disaster risk reduction.

SECTION 6. Referral System. - ‘Che BHC shall observe and follow the referral system
framework of Primary Health Care.

SECTION 7. Barangay Health Team Placement.
Midwife, and BHW. ‘The operation and functi
supervised by a Nurse.

‘The BHC shall be composed of Nurse,
ing of the BHC shall be headed and

Each BHC shall be manned by a health team proportionate with the existing population in
the barangay:

(a) Nurse ~ There shall be at least one nurse for every barangay with a population not
exceeding five thousand (5,000);

(b) Midwife - There shall be at least one midwife for every barangay with a population
not exceeding two thousand five hundred (2,500);

(c) BHW’— There shall be at least one BHW for every barangay with a population not
exceeding five hundred (500).

SE

PION 8, BHW: Qualifications. ~ (a) Any person who has completed the Technical
‘ducation and Skills Development Authority (TESDA) BHW program or undergone
training specific for BHW by TESDA ~ accredited institution: Provided, that he or she has
passed the training assessment and obtained the equivalent national certification,

(b) All BHW, regardless of accreditation or registration status, who have served for at least
two (2) years from the effectivity of this Act must undergo BHW assessment by
accredited assessors and pass the equivalent national certification. Only those who has
ification shall be eligible for employment.

obtained the equivalent national

SECTION 9. BHW: Hiring, - (a) The Local Government Selection and Promotion Board
shall process the hiring of the Barangay Health Team personnel, pursuant to existing Civil
ances and orders on placement and hiring,

Service rules, regulation:

(b) All existing BHWs who has met the qualifications under Section 8 ~ subparagraph (b) of
this Act shall be given preference in hiring and priority in placement.

“TION 10, BHW: Duties and Responsibilities. —

(a) ‘The BHW performs the following duties and responsibilities independently:
1. Height and weight monitoring, and reporting the same to the BUC;
2. Monitoring and follow up of defaulters, and reporting the same to the BHC;
3. Reporting to the BHC any incidence of disease or any health cases in the
community;

g and coordinating with the community to participate in BHC



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5. Gathering data about the health of the community, filing, encoding, and
reporting the same to the BHC;

6. Administering first aid;

7. Conducting health visits; and

8. Responding in natural calamities and disasters

(b) The BHW performs the following duties and responsibilities assistive to the
Barangay Health Team:

putum collection;

2. Identifying people with disease and sickness;

3. Health community profiling;

4. Psychosocial debriefing for stress and post ~ calamity initiatives; and

5. Strengthening the health programs of the government.

SECTION 11. BHW: Compensation. - The entry pay level of a BHW shall be the
prevailing rate equivalent to Salary Grade One "SG 1”

SECTION 12. BHW: Incentives and Benefits. - A BHW shall be entitled to the same
incentives and benefits provided under the Magna Carta for Public Health Workers.
Further, they shall be covered by the existing statutory benefits such as GSIS, Philhealth,
and Pag-ibig.

SECTION 13. Right to Self — Organization. — The right of a BHW to self— organization
shall not be abridged.

SECTION 14 Penal Provision, - Any person who violates the provisions of this Act shall
be criminally, civilly, and administratively liable

SECTION 15. Implementing Agencies, ~ Within one (1) year from the effectivity of this
Act, the TESDA and DOH, with the participation of various health union representatives,
shall formulate, finalize, and launch the BHW training program, assessment, and national
certification program.

‘The Department of Interior and Local Government (DILG), LGUs, and other appropriate
government agencies, with the participation of various health union representatives, shall
formulate and provide effective mechanism for the selection and hiring of BHWs.

‘The Department of Budget and Management (DBM), LGUs, and other appropriate
government agencies, shall allocate necessary funds for compensation of the barangay
health team.

TION 16. Transitory Provision. ~ Within one (1) year from the effectivity of this Act,
TESDA, DOH, DILG, and other concerned LGUs, shall allocate funds from their
annual appropriations to immediately implement section § - subparagraph (b) and section 9
of this Act.



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SECTION 17. Implementing Rules and Regulations. ~ Within ninety (90) days from the
effectivity of this Act, the TESDA, DOH, DILG, LGUs, in coordination and participation of
shall provide the Implementing Rules and Regulations
necessary to carry out the provisions of this Act.

various health union representative

The Implementing Rules and Regulations shall be published in the Official Gazette or in a
newspaper of general circulation.

“TION 18. Separability Clause. — Should any provision of this Act be declared
unconstitutional, the remaining parts not affected thereby shall remain valid and
operational

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
other laws, decrees, orders, circulars, issuances, rules and regulations and parts. thereof

which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

SECTION 20. Effectivity. ~ ‘This act shall take effect fifteen (18) days after its publication
in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines