Republic of the Philippines
HOUSE OF REPRESENTATIVES

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2726

Introduced by HONORABLE WESLIE T. GATHCALIAN

MAGNA CARTA FOR BARANGAY OFFICIALS

EXPLANATORY NOTE

As the smallest administrative division of the Government, the
primary planning and implementation of government programs trickle down
to the barangay. Moreover, it is a microcosm of the Government, having
authority to enact and enforce laws, as well as exercise judicial functions. Of
all the elective officials they are the ones most immersed, at the beck and

call of their constituents to maintain peace and order in their community.

The Local Government Code of 1991 mainly provides for the
composition, qualifications and powers of barangay officials. Despite being
the oldest political unit in the Philippines, proving its relevance throughout
time, there is a lacuna in the law for the rights and privileges of barangay
officials. If we aspire to optimize the purpose of the barangay, we must first
be able to provide the conducive conditions to productive leadership.

‘There have been several attempts to lobby for the different needs of
barangay officials. However, a magna carta - a fundamental guarantee of the
rights and privileges - will better consolidate, reflect, and emphasize the

essential necessities of barangay officials.

The Punong Barangay, Members of the Sangguniang Bayan, the
Barangay Secretary, and the Barangay Treasurer should be considered as


regular government employees, for them to be granted the benefits provided
by the government. The Barangay Tanods and Lupon Tagapamayapa should
be entitled to predefined benefits.

Moreover, it is recognized that ample time is required in order to
implement and impress programs set by Barangay Officials. Hence, their
tenure of service should be lengthened, allowing them to serve a five-year

term.

Finally, capacity development and enhancement programs are
necessary to improve an organization’s performance and enhance its ability
to function and keep up with a dynamic environment. Hence, it is necessary
for the Barangay Secretary, Barangay Treasurer, Barangay Tanods, and

Members of the Lupon Tagapamayapa to undergo such programs.

In view of the foregoing considerations, approval of this bill is

earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.2726

Introduced by HONORABLE WESLIE T. GATHCALIAN

MAGNA CARTA FOR BARANGAY OFFICIALS

Be it enacted by the Senate and the House of Representatives of the

Philippines in Congress assembled.

Section 1. Short Title. - This act shall be known as the “Magna
Carta for Barangay Officials”

Sec. 2. Objectives. The Objectives of this Act are as follows:

a) The payment of just and equitable compensation to all
government personnel in accordance with the principle of
equal pay for work of equal value;

In order to attract professional leaders with expertise critical
to the development of barangays, the rates with which
barangay officials should be paid must be upgraded and at
least made comparable to that received by a skilled
professional in the government service, in order to attract,
retain and motivate a corps of competent public servants;
Because the duties performed by these Barangay officials
constitute executive, legislative and, judicial functions, the
compensation should be at salary levels commensurate to
these responsibilities;

The efficient management of the basic political units involve
managerial competence, an acumen that deserves rightful
recompense;

In order to establish autonomy devoid of corrupt and moral
suasions from higher elective officials.

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Sec. 3. Coverage. - All elective barangay officials, including the
Punong Barangay, Members of the Sangguniang Barangay; and appointed
officials including the Barangay Secretary, Barangay Treasurer, members of
the Lupon Tagapamayapa and Barangay Tanods.

Sec. 4. Term of Office. - The term of office of all elective Barangay
Officials shall be for five (5) years upon effectivity of this Act.



No elective Barangay official shall serve for more than two (2)
consecutive terms for the same position.

Sec. 5. Compensation of Barangay Officials. - The Punong
Barangay, Members of the Sangguniang Bayan, Barangay Treasurer, and
Barangay Secretary shall be considered as regular government employees
and shall henceforth be entitled to all the benefits provided by the
government which shall include but not limited to salaries, allowances,
benefits and incentives applicable to all government personnel. The salary
rate for positions covered by this Act shall be as follows:

a) The Punong Barangay shall be entitled to the fixed rate of Salary
Grade 12 under the Salary Standardization Law;

b) The Members of the Sangguniang Bayan shall receive the fixed
rate of Salary Grade 10 under the Salary Standardization Law;

c) The Barangay Secretary and Barangay Treasurer shall be
entitled to the fixed rate of Salary Grade 8 under the Salary
Standardization Law.

Sec. 6. Benefits of Barangay Tanods and Lupon Tagapamayapa.
- The Barangay Tanods, which shall number not more than twenty (20) in
each barangay, and Members of the Lupon Tagapamayapa, which shall
number to ten (10) in each barangay, shall be entitled to:

(1) Not less than Two Thousand Pesos (P2,000) monthly allowance;
(2) Christmas Bonus of Two Thousand Pesos (P2,000);

(3) Insurance coverage during their incumbency, which shall include,
but shall not be limited to temporary and permanent disability,
double indemnity, accident insurance, death and burial benefits, in
accordance with Republic Act Numbered Sixty-Nine Hundred
Forty-Two (R.A. No. 6942), entitled “An Act Increasing the
Insurance Benefits of Local Government Officials and Providing
Funds Therefor;”

(4) Free medical care, including subsistence, medicines, and medical
assistance 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.

In case of extreme urgency where there is no available government
hospital or institution, the barangay official concerned may submit
himself for immediate attendance to the nearest private clinic,


hospital or institution and the expenses not exceeding Five
thousand pesos (P5,000.00) that may be incurred therein shall be
chargeable against the funds of the barangay concerned;

(5) Be exempted, during their incumbency, from paying tuition and
matriculation fees for their legitimate dependent children attending
state college or universities, or local colleges and universities;

(6) Be entitled to appropriate civil service eligibility on the basis of the
number of years of service to the barangay, pursuant to the rules
and regulations issued by the Civil Service Commission;

(7) Be entitled to a lump sum retirement gratuity pay equivalent to one
(1) year honorarium to be taken from the barangay retirement
gratuity fund, as mentioned in Section 7 of this Act: provided,
however, that a retiree is at least sixty (60) years of age with a
minimum of nine (9) years in service at the time of the retirement;

Sec. 7. Barangay Retirement Gratuity Fund (BRGF) Created. -
There is hereby created a Barangay Retirement Gratuity Fund (BRGF) which
shall be used to fund the retirement gratuity of barangay tanods and
members of the Lupon ng Tagapamayapa, as mentioned in this Act. The
amount equivalent to one percent (1%) of the share of the national
government under Section 284 of the Local Government Code of 1991, as
amended, shall be used for this purpose.

The Department of the Interior and Local Government (DILG) shall
administer and ensure the appropriate disbursement of the Fund.

Sec. 8. Capacity Development and Enhancement Program for
Barangay Secretary, Treasurer, Barangay Tanods and Members of the
Lupon Tagapamayapa - The Department of Interior and Local Government
(DILG), through the Local Government Academy (LGA), shall develop a
capacity development and enhancement Program for Barangay Secretaries,
Treasurers, and Members of the Lupon Tagapamayapa. The Department of
Finance, through the Bureau of Local Government Finance, shall assist the
LGA for Barangay Treasurers. The Department of Justice, shall assist the
LGA for Barangay Tanods and Members of the Lupon Tagapamayapa;

The Programs shall develop comprehensive training manuals, and
based thereon, execute the conduct of trainings necessary and appropriate
to ensure the professionalization of the Barangay Secretaries, Treasurers,
Tanods and members of the Lupon Tagapamayapa, for the efficient delivery
of services at the barangay level.


Sec. 9. Implementing Rules and Regulation. - The Department of
Budget and Management (DBM), in coordination with the Government
Service Insurance System (GSIS), the Department of Interior and Local
Government (DILG), and the Department of Finance (DOF) shall issue the
necessary rules and regulation to implement this Act.

Sec. 10. Funding Source. - The amount necessary for the
implementation of this Act shall be charged against the respective fund of
each local government city or municipality. Local government units which do
not have adequate or sufficient fund shall be assumed by the National
Government.

Sec. 11. Amendatory Provisions. ~

(1) Section 43, Chapter I, Title Il, of Republic Act No. 7160 or An Act
Providing for a Local Government Code of 1991;

(2) Section 393, of Republic Act No. 7160 or An Act Providing for a
Local Government Code of 1991;

(3) R.A. No. 6942, An Act Increasing The Insurance Benefits of Local
Government Officials And Providing Funds Therefore.

Sec. 12. Separability Clause. - If for any reason any section or
provision of this Act is declared to be unconstitutional or invalid, the other
sections or provisions thereof which are not affected thereby shall continue
to be in full force and effect.

Sec. 13. Repealing Clause. - All laws, decrees, orders, rules or
regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

Sec. 14. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in a newspaper of general circulation.

Approved,