House Bill No.

Republic of the Philippines hy
HOUSE OF REPRESENTATIVES [¥ RECEIVED
Quezon City, Metro Manila = cares
TIME: q
EIGHTEENTH CONGRESS Ou yy
First Regular Session Se w7
2612 SLNDEX A

Introduced by Hon. Jericho Jonas B. Nograles

EXPLANATORY NOTE

Section 384 of Republic Act No. 7160, otherwise known as the “Local Government
Code of 1991,” provides:

“SEC. 384. Role of the Barangay. — As the basic political unit, the barangay
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.”

This proposed measure, to be known as the Magna Carta for Barangays, intends to
help barangays better perform their mandate of delivering basic services and facilities to
their respective communities in the most efficient, responsive and sustainable manner.

To allow the barangays to effectively and efficiently perform their vital role in the
community, this proposed measure seeks to recognize barangay officials as regular
government employees with fixed salaries, allowances, insurance, medical and dental
coverage, retirement benefits and such other fringe benefits for which a regular employee
may be entitled to.

Furthermore, this measure proposes to promote the welfare of the barangays by
providing the barangays the appropriate basic services and facilities such as regular supply
of clean and potable water, public transportation, schools, health centers and barangay halls
in order to meet the requirements of their local populace. It also outlines the measures that
will help ensure that the barangays enjoy genuine and meaningful local autonomy and



attain full development, namely: automated release of their share from national taxes;
transfer of funds to barangays for the maintenance of roads and bridges; mandatory share
of barangays in taxes, fees and other charges; and priority in employment.

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

ce: ‘HO JONAS B. ees


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTHCONGRESS
First Regular Session

House Bill No. 2612

Introduced by Hon. Jericho Jonas B. Nograles

AN ACT
TO ESTABLISH THE MAGNA CARTA FOR BARANGAYS

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

SECTION 1. Short Title. - This Act shall be known as “The Magna Carta for
Barangays.”

SEC. 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 inspire 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.

SEC. 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.


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

development projects.

II. -BARANGAY OFFICIALS AS REGULAR

GOVERNMENT EMPLOYEES

SEC. 4. The Barangay Officials as Regular Government Employees. ~ The punong
barangay, sangguniang barangay members, the kabataang barangay chairman, the barangay
secretary and barangay treasure 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.

SEC. 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:

Punong Barangay — An amount equivalent to the salary of a sangguniang bayan

member of his municipality.


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

Kabataang Barangay Chairman, Barangay Secretary, Baranagay Treasurer ~ For
each, an amount equivalent to seventy-five percent (75%) of the

salary of a sangguniang bayan member of his municipality.

Ill. - BASIC PRIORITIES IN THE BARANGAY

SEC. 6. Drinking Water for Every Barangay. — It is the right of every barangay to
have a regular supply of clean and potable drinking water. To attain this goal, every city and
municipality, as 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.

SEC. 7. Transportation for 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 minimum means of transportation in every barangay.

SEC. 8. Schools, Health Centers and Barangay Halls for the Barangays. - Every
barangay is entitled to have at least one elementary school, provided that there shall be at

least one high school for every five (5) kilometres from the barangay center. It shall also be


the right of every barangay to have on health center and one barangay hall.

IV. - MEASURES TO ASSURE THE ENJOYMENT
OF LOCALAUTNOMY
SEC. 9. Automatic Release of Share from National Taxes. — \t shall be the duty of
the National Treasury to remit automatically to the barangays every end of the calendar year

their just share from the national taxes.

SEC. 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 their proper disposition by the barangay

officials.

SEC. 11. Mandatory Share of Barangays in All Taxes, Fees or Other Charges. ~
Twenty-five percent (25%) of all taxes collected on real property located within the
barangay shall be considered barangay funds and shall be allocated in accordance with
existing laws. In addition, thereto, each barangay shall be entitled to ten percent (10%) from
all other forms of taxes, fees, penalties, compromises or other charges collected from
persons residing in the barangay or entities whose offices and/or manufacturing plant is

located within the barangay.

SEC. 12. Equitable Share of the Barangay from the Proceeds of the Utilization and

Development of National Wealth. — For the exploitation, utilization and development of


natural resources within its territory. Every barangay shall be entitled to an equitable share
of the proceeds derived from. The amount of barangay share shall be determined by the city
or municipality concerned after consultations with the concessionaires, the municipal or city
officials and barangay officials, taking into account the extent of the exposure of the
barangay residents to pollution, food and ecological imbalance: Provided, however, that this
equitable sharing rate for each barangay shall be resolved by all parties concerned 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.

V.- SUNDRY MATTERS

SEC. 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 shall include tuition fees and all other school fees, reasonable
allowances for schoolbooks, supplies and transportation and other expenses as the barangay

may deem appropriate.
SEC. 14. Priority in Employment. — Residents in every barangay shall have the
priority in the hiring of workers and laborers to be needed in any government construction

or development projects within the barangay.

SEC. 15. Cooperative 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 a way of life in the barangay.

VL -ADMINISTRATION AND ENFORCEMENT

SEC. 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 publication in a national newspaper of general
circulation and by such other means as the Secretary of Local Government deems

reasonably sufficient to give interested parties general notice of such issuance.

SEC. 17. Budgetary Estimates. — The Secretary of Department of Interior and Local
Government 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 and other fringe benefits of barangay officials, the basic priorities in the

barangays and the barangay scholarship grant.

SEC. 18. Penal Provision. — Any person who shall wilfully interfere with, restrain or
coerce any barangay official or barangay resident in the exercise of his or their rights
guaranteed by this Act or who shall in any other manner commit any act to defeat any of the
provisions of this Act shall, upon conviction, be punished by a fine of not less than five

hundred pesos nor more than two thousand pesos, or by imprisonment of six months and


one day, or both, subject to the discretion of the court.
If the offender is a public official, the court shall order his dismissal from the

government service.

SEC. 19. 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.

SEC. 20. Separability Clause. — If any provision of this Act are declared invalid, the

remainder or any provisions thereof not affected thereby shall remain in force and effect.

SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after publication in

the Official Gazette or in two (2) national newspapers of general circulation.

Approved,