Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

Fifteenth Congress
First Regular Session

HOUSE BILL NO. _2849

Authored by Hon. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

The barangay, being the basic political unit in our political system, has
been tasked to organize the political life of a community.

More than just a mere political structure, the barangay must also be
responsible for the delivery of the basic needs of its constituents. To realize
such purpose, the barangay must now assume a more active role in
generating employment and income for its members, particularly the
unemployed.

This bill seeks to empower the barangay by conferring upon 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 populace.

By giving the barangay such right, it would be able to generate
employment for its members.

Immediate passage of this bill is earnestly sought.

L

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

Fifteenth Congress
First Regular Session

HOUSE BILL No. 2849

Authored by Hon. JOSEPH VICTOR G. EJERCITO

AN ACT
AUTHORIZING BARANGAYS TO ENTER INTO OFFICIAL
CONTRACTS WITH NATIONAL GOVERNMENT AGENCIES
AND LOCAL GOVERNMENT UNITS TO UNDERTAKE THE
DELIVERY OF BASIC SERVICES FOR THE PURPOSE OF
PROVIDING EMPLOYMENT TO BARANGAY RESIDENTS AND
FOR OTHER PURPOSES

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

SECTION 1. Title — This Act shall be known and cited as “The
Barangay Economic Empowerment Act of 2010.”

SEC. 2. 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. 3. 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 the barangay shall not be more than One Million Pesos (P1,000,000.00).

SEC. 4. 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. 5. Basic Services - For the purpose 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;

c) 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;

f) Maintenance of public markets and slaughterhouses;
g) Maintenance of public cemetery;
h) Maintenance of tourism facilities and securing such facilities;

i) Other analogous undertakings.

SEC. 6. 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. 7. 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 concerned shall
form the basis of all claims for payment to the barangay.

SEC. 8. Unlawful Act - Any public official who bids and/or contracts
out the delivery of the basic services, as provided in Section 5 hereof,
intended for or affecting a barangay without giving the affected barangay
the opportunity to its exercise its right of first refusal shall, upon conviction,
be punished with imprisonment for not less than one (1) year and one (4)
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.

SEC. 9. Implementing Rules and Regulations - The Department of
Interior and Local Government shall, within ninety (90) days from effectivity
of this Act, promulgate the appropriate rules and regulations for its effective
implementation.

SEC. 10. Repealing Clause - All laws, executive orders,
administrative rules and regulations inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

SEC. 11. Effectivity Clause - This Act shall take effect fifteen (15)
days after the completion of its publication in at least two (2) newspapers of
general publication.

Approved,