Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL'NO. 51 3

Introduced by HONORABLE RAMON JOLO B. REVILLA IIL

EXPLANATORY NOTE

This bill aims to increase the benefits received by Barangay Health Workers, It also seeks
that there be a continuous program for the training and capacity-building of Barangay Health

Workers.

Barangay Health Workers, more commonly referred to as BHWs, are critical to the
country’s community-based health system, they serve as the frontliners in providing health
services at the barangay level. They serve as first health responders in far-flung communities
Where there is a lack of medical practitioners to address medical needs, They are first responders

during calamities. They also act as health educators and community organizers.
With medically skilled BHWs, the State’s objective of responding to the growing health
needs of local communities is met, and the continuous supply of grassroots public health workers

is ensured.

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

RAMO! Ws REVILLA IIL


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO ‘513

Introduced by HONORABLE RAMON JOLO B. REVILLA IIL

AN ACT.
PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH WORKERS

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 of Barangay
Health Workers”

SECTION 2. Declaration of Policy. It is hereby declared the policy of the State to
protect and promote the right to health of people and adopt an integrated and comprehensive
approach to health development. Pursuant thereto, it shall endeavor to make essential goods,
healthcare, and other social services available to all the people. In line with the country’s
commitment to accomplish health indicator targets under United Nations’ Millennium
Development Goals (MDGs), the State shall adopt policies that promote the welfare and well-
being of barangay health workers who are the forefront of the delivery of healthcare at the

grassroots level, and which shall effectively harness their potential as partners in development

SECTION 3, Definition. — As used in this Act, the term “Barangay Health Worker”
refers to a person who has undergone training under any accredited government and
nongovernment organization and who voluntarily renders primary healthcare services in the
community after having been accredited to function as such by the local health board in
accordance with the guidelines promulgated by the Department of Health (DOH) pursuant to
Section 3 of Republic Act No. 7883 otherwise known as the “Barangay Health Workers’

Benefits and Incentives Act of 1995.~


SECTION 4, Regisiration. ~ Barangay health workers (BHWs) shall be registered with
the local health board in the city or municipality in which they render service. The registered

health workers shall be given appropriate proof of said registration.

The municipal and city health offices shall regularly maintain and update the BHW
Registry with the assistance of the BHW Federation and shall submit the same to the municipal
or city health board, The local health offices shall submit a copy of their respective updated
BHW registry to the Provincial Health Office which shall consolidate all registries. Upon the
validation of the Provincial BHW Federation, the consolidated Provincial Registry shall be
submitted to the Provincial Health Board, and the same shall be posted in the municipal or city

bulletin boards and barangay health centers.

The Provincial BHW Registry shall be submitted on or before April 30 of every year to
the DOH at the regional and national levels for consolidation. The DOH is hereby mandated to
maintain a national register of BHWs. In order to qualify for registration, a barangay health

worker must:

a) Have rendered basic community health care services continuously and
satisfactorily for at least six (6) months immediately preceding the date of the
filing of application for registration in the barangay as certified by the Rural
Health Midwife (RHM) or public health nurse assigned to the barangay and
by the head of the barangay health workers association,

b) Have completed the basic orientation and training for BHWs as prescribed by
the DOH and conducted by an accredited government agency, or DOH-
recognized academic institution, or nongovernmental organization (NGO),

c) Be at least eighteen (18) years of age at the date of the filing of the application
for registration: and,

d) Be physically and mentally fit

It shall be the duty of the municipal and city health offices. in cooperation with the
Provincial Health Office and DOH, to provide the BHW applicants with basic orientation and

training within six (6) months from the date of approval of their application

SECTION §, Accreditation. — To further professionalize the health care services
rendered by the BHWs and ensure the health and welfare of the community, a duly registered
BHW must be accredited by the municipal or city health board. The municipal or city health
board shall issue the certificate of accreditation to qualified BHWs. In order to qualify for

accreditation, the applicant BHW must:


a) Be registered in accordance with Section 4 hereof

b) Have completed in the locality at least two (2) years of continuous and
satisfactory service immediately prior to the filing of application for
accreditation,

c) Have completed a regular training program on health care service and
community-based health program, that would upgrade and develop the skills
and competency of BHWs to perform their roles. The training program shall
be institutionalized by the DOH, in cooperation with local government units

(LGUs).

It shall be the duty of the municipal and city LGUs, in cooperation with the provincial
government and the DOH, to provide the applicant BHWs the necessary support and

opportunities for accreditation.

A BHW must complete the regular training program on health care service and

community based health program within five (5) years from registration

The municipal and city health boards or through their registration and accreditation
committee shall act on the applications for accreditation of BHWs not later than thirty (30) days

from the date of application

The DOH shall also maintain an updated roster of accredited BHWs that is accessible to

the general public.

SECTION 6. Number und Role of Barangay Health Workers. — Notwithstanding the
limitations prescribed under Section 325(a) of Republic Act No. 7160, as amended, otherwise
known as “The Local Government Code of 1991”, cach barangay shall at least have one (1)

BHW for every twenty (20) households

As one of the key partners in a reformed healthcare delivery system, the DOH and ILGUs

shall support the roles of BHWs as.

a) Advocate = to support, promote and champion current health programs,
projects, and activities to improve access to quality health services towards the
improved health status of the community

b) Educator - to guide and advise the community on the current DOH and health
priorities of LGUs such as importance of birth plan and facility-based delivery


in reducing maternal and infant deaths; newbom screening for the early
detection of congenital metabolic disorders which may lead to mental
retardation and even death, among others:

¢) Disseminator - to maintain regular communication with local professional
health workers on health events and updates and concerns relevant to the
‘community and inform the same to the community for appropriate action, if
necessary:

4d) Coordinator - to facilitate access to any group or association of the community
with a relevant network of or specific health and non-health service providers:

e) Record Keeper - to maintain updated records of health data, health activities
and events in the community, and,

f) Health Care Service Provider — to assist and provide basic healthcare services

as may be needed in the community in any health event

A BHW shall not be required to engage in any partisan political activity

SECTION 7. Mandatory Appointment of Barangay Health Worker (BHW). ~ There shall
be appointed at least one (1) BHW in every barangay for every twenty (20) households who shall
be under the supervision and control of the DOH. The BHW so appointed shall coordinate
closely with the local government health officer in the implementation of health programs in the
locality. As far as practicable, the BHW to be employed must be a resident of the barangay

The DOH shall determine the ratio of barangay health workers according to the number
of households: Provided, That there shall be at least one (1) BHW for every twenty (20)
households: Provided, further, That the total number of barangay health workers nationwide shall

not be less than one percent (1%) of the total population

SECTION, 8. Incentives and Benefits. ~ All BHWs who are actively and regularly
performing their duties shall be entitled to monthly honoraria in the amount of not less than
Three thousand pesos (P3,000.00) subject to adjustment based on the prevailing market value, in

addition to the following incentives and benefits:

a) Privileges for the BHWs. ~ All accredited BHWs shall be entitled to twenty
percent (20%) discount on all the items enumerated under Section 4(a) of
Republic Act No. 9994 otherwise known as the “Expanded Senior Citizens
Act of 2010”: Provided, That the privileges shall not be claimed if the BHW is
eligible for a higher discount that may be granted by the commercial

establishment or other existing laws.


The commercial establishment may claim the discount granted under this
Section as tax deduction based on the cost of goods sold or services rendered:
Provided, that the discount shall be allowed as deduction from the gross
income for the same taxable year that the discount is granted: Provided,
further, that the total amount of the claimed tax deduction net of value-added
tax, if applicable, shall be included in their gross sales receipt for tax purposes
and shall be subject to proper documentation and to the provisions of the
National Internal Revenue Code of 1997, as amended.

b) Hazard Allowance. — All accredited BHWs shall be entitled to hazard
allowance in an amount to be determined by the local health board of the LGU
concerned, which in no case shall be less than One thousand pesos
(P1,000.00) per month, subject to existing laws, rules, and regulations:

c) Subsistence Allowance. — All accredited BHWs who render service within the
premises of isolated barangay health stations shall be entitled to subsistence
allowance equivalent to the meals they take in the course of their duty, which
shall be computed in accordance with prevailing circumstances as determined
by the LGU concerned. Such allowance shall, in no case, be less than One
hundred pesos (P100.00) per day:

d) Transportation Allowance. ~ All accredited BHWs, in the performance of their
official duties, shall be entitled to a transportation allowance of not less than
One thousand pesos (P1,000.00) per month, subject to auditing rules and
regulations;

e) One-time Retirement Cash Incentive. ~ An accredited BHW who has
continuously and satisfactorily served for at least fifteen (15) years shall be
entitled {o a one-time retirement cash incentive of not less than Ten thousand
pesos (P10,000.00) in recognition of their loyalty and dedication, which shall
be borne by the municipality or city concerned. The provincial government
may provide assistance for this purpose. in the case of component cities:

f) Training, Education and Career Enrichment Programs. — The DOH shall, in
coordination with the Department of Education (DepEd), Commission on
Higher Education (CHED), Technical Education and Skills Development
Authority (TESDA), DOH-recognized academic institutions, other concerned
agencies and nongovernment organizations. provide information on and
opportunities for education and career enrichment for accredited BHWs, such
as in the following programs:

1) Educational programs which credit the years of primary

healtheare service of the BHW towards higher education

completion in institutions with stepladder curricula thus


allowing them to upgrade their skills and knowledge for
community work or to pursue further training as midwives,
pharmacists, nurses or doctors;

2) Continuing education, study and exposure tours, grants, field
immersion, and scholarships, among others:

3) Scholarship benefits in the form of tuition fees in state colleges,
to be granted to one (1) child of every barangay health worker
who will not be able to take dvantage of the programs
described in paragraphs (1), (2), and (3) hereof, and

4) Special training programs such as traditional medicine, disaster
preparedness and other programs that address emergent

community health problems and issues.

g) Health Benefits. - All accredited BHWs shall be entitled to the following

health benefits during their incumbency

1) Free medical care, including surgery and surgical expenses
medicines, x-ray and other laboratory fees, when confined in
any public hospital or health institution:

2) Emergency assistance not exceeding the amount of Five
thousand pesos (P5,000.00) chargeable against the fund of the
barangay concerned, for expenses incurred in the nearest
private hospital or clinic in case of extreme emergency where
there is no available public hospital:

3) Mandatory and immediate membership in the PhilHealth as

indirect contributors.

‘The LGUs concerned shall also endeavor to provide other health benefits

to accredited BHWs not otherwise provided by law:

h) Insurance Coverage. ~ Accredited BHWs shall be granted insurance coverage

and benetits by the Government Service Insurance System (GSIS) which shall
be borne by the LGU concerned. For this purpose, the GSIS shall design an
insurance benefit package suited to the needs and unique circumstances of the

BHWs;

i) Sick, Vacation and Maternity Leaves. — All accredited BHWs shall be entitled

to sick, vacation, and maternity leaves as may be prescribed in the
implementing rules and regulations of this Act: Provided, That, the BHWs
shall continue to receive their monthly honoraria while on leave, for such

period in accordance with existing laws and practices

j) Cash Gift. — All accredited BHWs are entitled to a cash gift not less than the

minimum monthly honoraria to be given every December from the general


fund of the barangay or from such other funds appropriated by the national
government for the purpose;

k) Disability Benefit. — An accredited BHW who sustains an injury or falls ill in
the course of the performance of their duties shall be entitled to Two thousand
pesos (P2,000.00) for every year of service

}) Civil Service Eligibility. — A first grade eligibility shall be granted to accredited
BHWs who have rendered three (3) years continuous service as such’
Provided, That should a BHW become a regular employee of the government,
the total numbers of years served as such shall be credited to the BHW’s
service in the computation of retirement benefits.

No person duly accredited as a BHW shall be removed except for a valid
cause to be determined by the Local Health Board (LHB): Provided, That if
found to be unjustly removed from service, 2 BHW shall be entitled to
reinstatement without loss of benefits and incentives from the time of
termination up to the time of his reinstatement. The LHB shall resolve
termination cases against a BHW judiciously not later than ninety (90) days
from the receipt of a complaint

1) Free Legal Services. — Legal representation and consultation services shall be
immediately provided by the Public Attorney's Office to a BHW in cases of
coercion, interference, and in other civil and criminal cases filed by or against
the BHW arising out of or in connection with the performance of their duties
as such.

m) Preferential Access to Loan Facilities. - The DOH in coordination with other
concerned government agencies shall provide, within one hundred eighty
(180) days after the effectivity of this Act, a mechanism that shall provide
organized BHWs access to loan services. The agencies providing loan
services will set aside one percent (1%) of their loanable funds for organized
BHW groups that have community-based income generating projects in
support of health programs or activities

SECTION 9. Review Ay the Local Health Board. — Every incentive or benefit for BHWs.

requiring expenditure of local funds shall be reviewed and approved by the LHB. Such benef

and incentives may be increased, upon review of the LHB, after considering, among others, the

present Consumer Price Index (CP1) as published by the Philippine Statistics Authority (PSA).”

SECTION 10, Discrimination Prohibited. ~ Discrimination against any BHW by reason
of gender, civil status, creed, religious or political beliefs and ethnic groupings in the exercise of

their functions and responsibilities is hereby prohibited.


SECTION 11, Protection of BHWs. ~ The municipal, city, provincial governments and
the Department of the Interior and Local Government (DILG) shall establish a grievance
mechanism as a means of processing complaints of BHWs against alleged acts of discrimination

and unjust removal from the service. A BHW may appeal their grievances to the DILG.

SECTION 12. Right to Self-organization, - A BHW shall have the right to freely form,

join or assist organizations to obtain redress of their grievances throt peaceful concerted
activities, in a manner not contrary to law, and with utmost regard to service to patients and the
continuous operation of barangay health services in the interest of public health, safety, or

survival of patients.

SECTION 13. Representation in the Local Health Board and Primary Health Care
Provider Network, — The president of the municipal or city association of BHWs shall be a
member of the municipal or city local health board. The presidents of the association of BHWs
of each component city and municipality associations of a province shall elect from among
themselves their representative to the provincial health board: Provided, That, the BHW
representatives to the health boards shall not be allowed to vote on the registration, accreditation

and disciplinary or removal complaints of BHWs.

The BHWS shall also form part of the healthcare provider network and shall participate in

the implementation of healthcare services and programs

SECTION 14. Continuous Capacity Building for BHWs, — The DOH shall conduct
continuous capacity building for BHWs to enhance and upgrade their knowledge and skills,

including training programs conducted online and in major Philippine dialects.

‘The DOH shall, in coordination with TESDA and other concerned agencies shall also
assist the LGUs in the development of education modules or materials that highlight the
collective experiences and learnings of BHWs and the use of traditional and complementary

medicine.

The LGUs shall endeavor to establish their own training centers for their BHWs and

other health workers in coordination with TESDA, NGOs, and other agencies concerned.

‘The LGUs shall also implement a development program for BHWs that will allow them
to benefit from ladderized training as provided under Republic Act No. 10968, otherwise known


as the “PQF Act,” and Republic Act No. 10647, otherwise known as the “Ladderized Education

Act of 2014,” including academic credits for health-related courses.

SECTION 15. Penulty Clause. ~ Any local government official who violates any

provision of this Act may be administratively and criminally charged in accordance with law
SECTION 16. Appropriations. ~ The amount necessary for the implementation of this
Act shall be charged against the National Tax Allotment (NTA) of the LGUs, other local funds
and the special health fund under Republic Act No. 11223 otherwise known as the “Universal
Health Care Act”

SECTION 17, Implementing Rules and Regulation. ~ The DOH and the DILG shall, in
consultation with the DepEd, the CSC, the GSIS, and other concerned government agencies and
nongovernmental entities, promulgate the rules and regulations to implement this Act not later

than one hundred eighty (180) days from the effectivity of this Act

SECTION 18. Separability Clause. ~ If any portion or provision of this Act is declared

invalid or unconstitutional, other provisions hereof shall remain in full force and effect,

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 laws,
decrees, executive orders, rules and regulations, which are inconsistent with this Act are hereby

repealed, or modified accordingly

SECTION 20.

publication in the Official Gazette or in a national newspaper of general circulation

iffectivily. ~ This Act shall take effect fifteen (15) days after its

Approved,