NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES — )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 1182

Introduced by Representative Christian Tell A. Yap

EXPLANATORY NOTE

Article II, Section 15 of the 1987 Constitution declares that ~The State shall protect and
promote the right to health of the people and instill health consciousness among them.”

Republic Act No. 7883. Section 3 defines Barangay Health Worker as person who has
undergone training programs under any accredited government and non-government organization
and who voluntarily renders primary health care 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

Barangay Health Workers (BHWs), who are in the foreftont of providing primary care.
play a critical role in our society in this respect. For this reason. it is imperative that measures
Which promote. develop and improve the general welfare of our Barangay Health Workers will be
provided by the government.

This proposed legislation seeks to recognize our diligent BHWs by providing them
incentives in recognition of their significant efforts in making health care more accessible. The
benefits provided to BHWs under Republic Act No. 7883 will also be increased by this measure.
including set honoraria and access to health insurance through the GSIS and Philhealth

In the 18" Congress. this bill was introduced by Rep. Evelina Escudero. Rep. Jose
Francisco “Kiko” Benitez, Rep. Jose Christopher Belmonte, Rep. Strike Revilla. Rep. Joseph
Stephen Paduano and et al. respectively. It was approved by the House of Representatives on Third
Reading last 31 January 2022 and was transmitted to the Senate on 02 February 20:

For the foregoing reasons, the approval of this bill is earnestly sought.

Represeritatj¥e, 2nd District, Tarlac


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NINETEENTH CONGRESS, )
OF THE REPUBLIC OF THE PHILIPPINES |)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill NoL182

Introduced by Representative Christian Tell A. Yap

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’

SEC. 2. Declaration of Policy. ~\t 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.

SEC. 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."

SEC. 4. Registration. — 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.


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‘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.

SEC. 5. 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 thei 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.


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‘The DOH shall also maintain an updated roster of accredited BHWs that is accessible tothe general
public,

SEC. 6. Number and Role of Barangay Health Workers. — Notwithstanding the
limitations prescribed under Section 325(a) of Republic Act No. 7160. as amended. otherwise as
“The Local Government Code of 1991”. each barangay shall at least have one (1) BHW for every
twenty (20) households.

As one of the key partners in a reformed healtheare delivery system, the DOH and LGUs shall
support the roles of BHWs as:

(a) Advocate - to support. promote and champion current health programs. projects. and
activities 10 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: newborn screening for the early detection of
congenital metabolic disorders which may lead to mental retardation and even death.
among others:

(c) Disseminator - to maintain regular communication with local profesional health workers
on health events and updates and concerns relevant to the community and inform the
same to the community for appropriate action. if necessat

(d) 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:

(1) 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.

SEC. 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
lessthan one percent (1%) of the total population.

SEC. 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


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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
oficial 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 to 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:

() 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 healthcare 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
advantage 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.



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(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 benefits 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 BIHW'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, a 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

(m) 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.


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(n) 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.

SEC. 9. Review by the Local Health Board. — Every incentive or benefit for
BHWs requiring expenditure of local funds shall be reviewed and approved by the LHB. Such
benefits and incentives may be increased. upon review of the LHB, after considering, among
others, the present Consumer Price Index (CPI) as published by the Philippine Statistics Authority
(PSA).

SEC. 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

SEC. 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.

SEC. 12. Right to Self-organization. — \ BHW shall have the right to freely form. join
or assist organizations to obtain redress of their grievances through 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.

SEC. 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 BHW. The BHWs shall also form part of the healthcare provider
network and shall participate in the implementation of healthcare services and programs.

SEC 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

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Act.” and Republic Act No. 10647, otherwise known as the “Ladderized Education Act of 2014.”
including academic credits for health-related courses.

SEC. 15. Penalty Clause. — Any local government official who violates any provision
of this Act may be administratively and criminally charged in accordance with law.

SEC. 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”

SEC. 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.

SEC. 18, Sepurability Clause. — If any portion or provision of this Act is declared
invalid or unconstitutional. other provisions hereof shall remain in full force and effect.

SEC. 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.

SEC. 20. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a national newspaper of general circulation.

Approved,