FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No, 3317

EXPLANATORY NOTE

The barangay has been historically viewed as a mere political unit
tasked to organize the political life of a community However, the barangay
must now assume a more activist role in generating employment and income
for its members, notably the unemployed.

Since the barangay is the government unit closest to the people where
certain levels of executive, legislative and judicial functions are bestowed, it is
the proper vehicle to actualize the vision of people empowerment.

It is a fundamental fact, however, that people empowerment can
become a reality only if the people are well-equipped socially and
economically to harness much needed resources

This bill seeks to empower the barangay by conferring upon it the right
to participate with the right of first refusal in all programs and projects, notably
those concerning the delivery of basic services affecting its jurisdiction and
members

Also, it is the intention of this bill to seek the allocation of Two Hundred
Thousand Pesos (P200,000.00) per annum for six consecutive years for each
barangay. This amount shall be known as the Rural Livelihood and Economic
Development Fund to be used specifically for livelihood projects that shall
provide employment and increase the income of the people. Alternatively, it
can be used as seed money for cooperatives, as well as to finance
infrastructure projects.

Further, from its incorporation into the local government units,
barangay captains have become more active in community governance and
Public service. Through various enactments, barangay captains have been
obliged to take various responsibilities which include, among others, keeping
the peace through the organization of foot patrols; arbitrating differences
between community members; assisting in the conduct of elections, and most
recently, assisting in the evacuation of communities in disaster areas caused
by natural calamity or war.

In these instances, it is not uncommon for barangay captains to literally
be in the front of a firing line. As in fact, several barangay captains have lost
their lives in the service of their communities against criminals.

Most often, barangay captains assume these responsibilities with little
compensation. Moreover, the danger associated with these functions puts
them in a higher risk in terms of insurance coverage. More importantly, the
Present insurance coverage pursuant to Republic Act No. 8291 (An Act
amending PD1146 as amended, expanding and increasing the coverage and


benefits of GSIS, instituting reforms therein, and for other purposes), covering
all government officials is inadequate with regard to the payment of medical,
death and burial expenses.

As such, this bill seeks to provide additional insurance benefits to
barangay captains over and above what they are currently receiving under the
GSIS jin recognition of their contribution to the community and as an
encouragement for them to honestly continue their public service.

RUFDS B. RIGUEZ

Wad

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House BillNo__ 33.17

AN ACT
STRENGTHENING, IMPROVING AND EMPOWERING THE BARANGAY
AND ITS BARANGAY OFFICIALS IN THE PHILIPPINES

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

|. Barangay Empowerment

SECTION 1. Declaration of Policy - It is the policy of the State to transform
the barangay into a self-reliant economic unit generating employment for its
members and actively participating in publicly funded programs intended for
the barangay

SEC. 2. Coverage - All basic services being contracted out by the national
government and local government units with private or public contractors and
which affect the barangays are covered by this Act: Provided, however, That
the amount of the basic services to be contracted out to the barangay shall
not be more than One Million Pesos (P1,000,000.00).

SEC. 3. Right of First Refusal - The provisions of the Local Government
Code and other laws to the contrary notwithstanding, local government units
and national government agencies shall give priority to the affected barangay
in contracting out the delivery of basic services intended for or affecting said
barangay. Such barangay shall have the right of first refusal before the project
is bidded out

SEC. 4. Basic Services - For purposes of this Act, basic services programs
in which the affected barangay shall have priority right to undertake shall
include:

a) Implementation of community-based forestry programs and
similar projects; management and control of communal
forest with an area not exceeding fifty (50) square
kilometers; establishment and maintenance of tree parks,
green belts, and similar forest development project;


b) Maintenance of community-based rehabilitation programs for
vagrants, beggars, street children, scavengers, delinquents,
and victims of violence and drug abuse; livelihood projects;

°) Solid waste disposal system or services related to general
hygiene and sanitation;

d) Maintenance of public buildings, public parks, playgrounds
and government sports facilities;

e) Maintenance of roads, drainage systems, communal
irrigation, small water impounding and other similar projects;
seawalls, dikes, flood control; and street signage;

of Maintenance of public markets and slaughterhouses;

9) Maintenance of public cemetery;

h) Maintenance of tourism facilities and securing such facilities;
and

i) Other analogous undertakings.

SEC. 5. Preference of Barangay Labor and Materials - In the event that the
barangay concerned is unable for any reason to participate in any project
within its jurisdiction and/or affecting its residents, the local government unit or
national government agency concerned shall exert every effort to source its
labor and materials from within the affected barangay.

SEC. 6. Mode of Payment - A certification duly executed and signed by the
chairman of the affected barangay and concurred in by the authorized
signatory for the local government unit or national agency concemed shall
form the basis of all claims for payment to the barangay.

SEC. 7. Unlawful Act - Any public official who bids and/or contracts out the
delivery of basic services, as provided in Section 5 hereof, intended for or
affecting a barangay without giving the affected barangay the opportunity to
exercise its right of first refusal shall, upon conviction, be punished with
imprisonment for not less than one (1) year and one (1) day to six (6) years
and shall be immediately dismissed from the service. In addition, the public
officer shall be liable to reimburse to the affected barangay an amount equal
to what would have been realized by the barangay were it accorded its right
under this Act

ll. Rural Livelihood and Economic Development Fund
SEC. 8. Every barangay shall be allocated an amount of Two Hundred

Thousand Pesos (P200,000.00) per annum, for six consecutive years from
the effectivity of this Act. The fund shall be included in the annual


appropriation of the Department of Interior and Local Government and may be
funded from foreign and domestic sources.

SEC. 9. The funds shall be used exclusively for the establishments of small-
scale livelihood projects, seed money for cooperatives, or for the purchase of
equipment and facilities necessary in the administration of barangay affairs
and infrastructure projects: Provided, that contiguous barangays may combine
their respective allocations in order to come up with impact projects requiring
greater capitalization.

SEC. 10. The Department of the Interior and Local Government (DILG), in
coordination with the local government unit concerned, shall administer and
supervise the implementation of the fund in coordination with appropriate
government agencies concerned like the Department of Agriculture (DA),
Department of Trade and Industry (DT!) and the Department of Science and
Technology (DOST). For this purpose, the Department of the Interior and
Local Government is hereby authorized to formulate the necessary guidelines
to ensure the successful implementation of this program.

Il, Barangay Officials

SEC. 11. Additional Insurance Benefits for Barangay Captains. - In
addition to the insurance benefits given to the Barangay Captains by the
Government Service Insurance System (GSIS) under Republic Act No. 8291,
term insurance coverage to all barangay captains providing the following
benefits shall be granted;

(1) Death Benefits 200,000.00
(a) due to assassinations or ambush
(b) due to accidents and other similar
circumstances while in the discharge
of their official functions

(2) Attempted assassinations not resulting in death
but resulting in serious physical injury 50,000.00

(3) Burial Expenses: 50,000.00

(4) Reimbursement of Actual Medical Expenses
not to exceed 100,000.00

SEC. 12. Disqualification from Benefits. - No benefit shall be given to any
barangay captain or his beneficiaries when the injury, sickness or death was
occasioned or caused by any of the following

{a) habitual drunkenness or intoxication;

(b) willful intention to injure or kill oneself;

(c) notorious negligence: or

(d) unauthorized absence or abandonment of office for at least one (1)
month prior to death or accident


SEC. 13. Retirement Benefits. — All elective and appointive barangay
officials who have rendered a consecutive period of nine (9) years or three
terms of honorable service as barangay officials and have opted to retirement
shall receive retirement benefits provided in this Act.

SEC. 14, Amount of Benefits. - A barangay official entitled to retirement
benefits under this Act shall receive a monthly pension for life amounting to
not less than sixty-five percent (65%) of the monthly average honoraria,
allowances and other emoluments authorized by law or by city, municipal or
barangay ordinance.

SEC. 13. Actuarial Study. - The GSIS shall, within sixty (60) days from the
effectivity of this Act, conduct an actuarial study to determine the amount
needed to maintain and administer the insurance and retirement system.

SEC. 14. Appropriations. - The National Government shall appropriate
annually and include in the General Appropriations Act the amount necessary
to implement the provisions of this Act.

SEC. 15. Implementing Rules and Regulations. - The GSIS, in coordination
with the Department of Interior and Local Government (DILG), shall
promulgate the rules and regulations necessary to implement the provisions
of this Act.

SEC. 16. Separability Clause. - If for any reason, any provision or section of
this Act is declared unconstitutional, such portions not affected thereby shall
remain in full force and effect.

SEC. 17. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its complete publication in at least two (2) newspapers of general circulation

Approved.