Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15" Congress
First Regular Session

H.No.__2106

Introduced by Representative Malapitan

EXPLANATORY NOTE

‘The barangay, as the basic political unit, serves as the primary planning and
implementing unit of government programs, projects and activities in the community, and
as a forum wherein the collective views of the people may be expressed and discussed in
a transparent manner and considered, as well as where disputes may be amicably settled.

Due to the important role of barangays, it is but just and reasonable that a
legislative measure be approved to promote their welfare and prosperity, namely, among
others, (1) mandatory coverage of barangay officials under the Government Service
Insurance System Charter, declaring them as regular government employees, and as such
shall be entitled to fixed salaries, allowances, insurance, medical and dental coverage,
retirement benefits and such other fringe benefits accorded to regular government
employees; (2) basic priorities, such as regular supply of clean and potable water, public
transportation, schools, health centers, daycare centers and barangay halls; (3) automatic
release of share from the national taxes; (4) mandatory share of barangays in taxes, fees
and other charges; and (5) equitable share of the barangay from the proceeds of the
utilization and development of national wealth (6) scholarship grant; (7) priority in
employment of residents (8) encouragement of cooperative enterprises.

Hence, the attached bill is earnestly urged.

ITAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

15" Congress
First Regular Session

2106
H. No.

Introduced by Representative Malapitan

AN ACT
PROVIDING MANDATORY COVERAGE OF BARANGAY OFFICIALS UNDER
THE GOVERNMENT SERVICE INSURANCE CHARTER, GRANT BARANGAYS,
ADDITIONAL LOCAL AUTONOMY, AND OTHER BASIC PRIORITIES,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

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

SECTION 1. 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 conditions therein and provide new measures that will
insure its enjoyment of local autonomy; ensure 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. 2. 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
probiems on its level.

(©) Self-help or people empowerment shall be the guiding principle in all
barangay development projects.

SEC. 3. Barangay Officials as Regular Government Employees. - The punong
barangay, sangguniang barangay members, the kabataan barangay chairman, the
barangay secretary and barangay treasurer in all barangays are hereby declared regular
government employees, and as such are entitled to fixed salaries, allowances, insurance,
medical and dental coverage, retirement benefits and such other fringe benefits, which a
regular government employee is entitled to.

SEC. 4. Salaries of Barangay Officials.- As soon as the appropriate steps and
measures are undertaken by each city or municipality in accordance with the individual
barangay involved on matters relating to the sources of funds 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 Section 3 hereof, shall be entitled to
the following fixed salaries.


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Punong Barangay — An amount equivalent to eighty percent (80%) of
sangguniang panlungsod/bayan member of his city/municipality, as the case may be;

Sangguniang Barangay Members, Kabataang Barangay Chairman, Barangay
Secretary, Barangay Treasurer ~ For each, an amount equivalent to seventy percent
(70%) of the salary of a sangguniang panlungsod/bayan member of his city/municipality,
as the case may be; Provided, That to entitle barangay officials the salaries mentioned in
Section 4 hereof, the barangay in cities and municipalities within Metro Manila and other
metropolitan political subdivisions or in highly urbanized cities, where such territory
shall have a population certified to by the National Statistics Office, at least five
thousand (5,000) residents and other barangays in cities and municipalities shall have at
east two thousand (2,000) residents Barangays not covered under this proviso, the
barangay officials shall receive their salaries/allowances, as the case may be, in
accordance with the provisions of the Local Government Code of 1991.

SEC. 5. Drinking Water for Every Barangay. - It is the right of every barangay
to have a regular supply of clean and potable water. To attain this goal, every city or
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 five hundred (500) residents for each barangay within its jurisdiction.

SEC. 6. Transportation for Every Barangay. - \t is also the right of every
barangay to have public transportation available at least once a day. For this purpose,
every city or municipality, as the case may be, should make such necessary
representations with the appropriate government agencies to require public utility
companies operating within its jurisdiction to provide the minimum means of
transportation in every barangay.

SEC. 7. Schools, Health Centers, Barangay DayCare Centers and Barangay
Halls for the Barangys. - E:very barangay is entitled to have 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,
daycare center and a barangay hall.

SEC. 8. 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. 9. Mandatory Share of Barangays in All Taxes, Fees or Other Charges. -
Thirty percent (30%) of all taxes collected on real properties 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%) of all other
forms of taxes, fees, penalties, compromises or other charges collected from persons
residing in the barangay, or entities whose office and/or manufacturing plant is located
within the barangay.

SEC. 10. Equitble 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 the territorial jurisdiction of a barangay, the
barangay shall be entitled to an equitable share of the proceeds derived therefrom.


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‘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, flood 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.

SEC. 11. Scholarship Grant. - Every barangay shall sponsor at least one (1)
scholarship grant every year leading to any bachelor degree, to be awarded by a
committee of five (5) 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 incidental expenses as the barangay may deem appropriate: Provided, That the
grantee herein shall only enroll in public colleges/universities subsidized by national and
local governments.

. 12. Priority in Employment. - Residents in every barangay shall have the
priority in the hiring of workers and laborers needed in any government construction or
development projects: Provided, That any person or private entity contracted to undertake
any construction of a building shall hire, at least fifty percent (50) of its workforce,
qualified residents of the barangay.

13. Cooperative Enterprises. - Cooperative enterprises in the barangay
shall be encouraged and every barangay is directed to give full assistance for the
organization of a cooperative enterprise and to take every possible effort to make
cooperative undertakings a way of life in the barangay.

SEC. 14. Budgetary Estimates. - The Secretary of Local Government shall
submit to Congress the necessary budgetary requirements 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. 15. Implementing Rules and Regulations. - The Secretary of 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 its publication in a national newspaper of
general circulation.

SEC. 16. Penal Provisions. - Any person who shall willfully 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 provision 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, at the discretion of the court.

If the offender is a public official, the court shall order his dismissal from the
government service.


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SEC. 17. Repealing Clause. - Any provision of acts, laws, decrees, executive
orders, implementing rules and regulations inconsistent with the provisions of this Act
» are hereby repealed, amended or modified accordingly.

SEC. 18. Separability Clause. - \f any provision of this Act is declared invalid,
the remainder or any provisions thereof not affected thereby shall remain in force and
effect.

SEC. 19. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in two national newspapers of general circulation,

Approved,