Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

132

HOUSE BILL NO.

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 measure seeks to recognize barangay officials as regular
government employees with fixed salaries, allowances, insurance, medical
and dental coverage, retirement benefits, representation, travel and such
other fringe benefits in order to enhance the performance of their mandate to
promote the general welfare of their Barangays. It was originally filed by my
father, the late Raul V. Del Mar last 18% Congress.

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

nacanyAanbotare “CUTIE” DEL MAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 132

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

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:

I. TITLE, DECLARATION OF POLICY AND GENERAL PRINCIPLES

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, health 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 crystalized 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 barangays, 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 he guiding principle in all
barangay development projects.

U. 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
treasurer 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:

a. Punong Barangay ~ An amount equivalent to the salary of a
sangguniang panlungsod member of his city or a sangguniang bayan
member of his municipality;

b. Six Sangguniang Barangay Members and a Kabataang Barangay
Chairman - An amount equivalent to eight percent (80%) of the
salary of a sangguniang panlungsod member of his city or a

sangguniang bayan member of his municipality;


c. Barangay Secretary and Barangay Treasurer - For each, an amount
equivalent to seventy-five percent (75%) of the salary of a
sangguniang panlungsod of his city or a sangguniang bayan member

of his municipality.

Ill. BASIC PRIORITIES IN THE BARANGAY

SEC. 6. Drinking Water for Every Barangay. ~ \t is the right of every
barangay to gave a regular supply of clean and portable drinking water. To
attain this goal, every city and municipality, as the case me 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)
kilometers from the barangay center. It shall also be the right of every

barangay to have one health center and one barangay hall.
IV. MEASURES TO ENSURE THE ENJOYMENT OF LOCAL AUTONOMY
SEC. 9. Automatic Release of Share from National Taxes. ~ It 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 funds 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. ~ Every barangay
shall be entitled to an equitable share of the proceeds derived from the
exploitation, development and utilization of natural wealth within its territory.
‘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 form 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
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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

VI. 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 willfully interfere

with, restrain or coerce any barangay official or barangay resident in the
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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 if 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 provisions 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 tow (2) national newspapers of general

circulation.

Approved,