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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House BLL No, 2607

Introduced by Honorable FREDERICK W. SIAO

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 commu

the people may be expressed,
amicably settled.”

. and as a forum wherein the collective views of
rystallized and considered, and where disputes may be

Given the important role that the basic political unit performs, this proposed measure, to
be known as the Magna Carta for Barangays, intends to help barangays better perform their
mandate of delivering basic services and facilities to their respective communities in the

most
efficient, responsive and sustainable manner.

To allow the barangays to effectively and efficiently perform their vital role in the
community, the Magna Carta for Barangays also seeks to reco;
Bovernment employees with fixed salaries, allowances, insurance, medical and dental coverage.

retirement benefits and such other fringe Betfits for which a regular employee may be
instead of just receiving honoraria.

ygnize barangay officials as reg

entitled to,

Furthermore, this measure proposes to promote the welfare of the barangays by providing
the barangays the appropriate basic services and facilities such as regular supply of clean and
Potable water, public transportation, schools, health centers and barangay halls in order to meet
the requirements of their local populace,

{t also outlines the measures that will help ensure that the barangays enjoy genuine and
meaningful local autonomy and attain full development, namely: automated release of their share
from national taxes; transfer of funds to barangays for the maintenance of roads and bridves;
mandatory share of barangays in taxes, fees and other charges; and priority in employment

{mn view of the foregoing, passage of this bill is eamestly sought.

Lone Diftrict, Ivan City



Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House pit No._2807

Introduced by Honorable FREDERICK W. SIAO

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:

1. TITLE, DECLARATION OF POLICY, AND GENERAL PRINCIPLES.

Section 1. Short Title. - This Act shall be known as “The Magna Carta for Barangays.”
Se

2. Declaration of Policy. ~ Itis 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
therein and provide new measures that will ensure 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 crystallized and considered.

Sec. 3. General Principles. ~ The following are the general principles of this Act:

The national government shall give more attention to the development ofthe barangay,
as itis the base of this country’s economy.

Every barangay shall be given the authority and capability to solve its problems on its
level.

© Self-help or people power shall be the guiding principle in all barangay development
projects,

Hl. 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

in coordination with the individual barangay involved on
‘matters relating to the sources of fund and the

undertaken by each city or municipal

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:
@) Punong Barangay ~ An amount equivalent to the salary of a sangguniang bayan
member of his municipality;
b) Six Sangguniang Barangay Members ~ An amount equivalent to eighty percent (80%)
of the salary ofa sangguniang bayan member of his municipality:
©) Kabataang Barangay Chairman, Barangay Secretary, Barangay Treasurer — For each,
an amount equivalent to seventy-five percent (75%) of the salary of a sangguniang
bayan member of his municipality.

IIL. BASIC PRIORITIES IN THE BARANGAY

See. 6. Drinking Water for Every Barangay. — It is the right of every barangay to have a
regular supply of clean and potable drinking water. To attain this goal, every city and 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 one thousand residents
for each barangay within its jurisdiction

Sec. 7. Transportation for Every Barangay. — Iti also the right of every barangay to have
Public transportation available atleast 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 ASSURE THE ENJOYMENT OF LOCAL AUTONOMY
See. 9. 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. 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

of every barangay for their proper disposition by the barangay officials.
See. 11. Mandatory

to the general fund

‘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 inthe 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

Pevelopment 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 eq

ble 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 from part of the general fund of the barangay

V. SUNDRY MATTERS,

See. 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 to applicants who should be bona fide residents of the barangay. The grant
shall include tuition fees and all other schoo! 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

directed to give full assistance for the establishment and
organization of said enterprises and to take every possible effort to make cooperative undertakings
4 way of life in the barangay.

VI. ADMINISTRATION AND ENFORCEMENT

Sec. 16. Rules and Regulations. ~ The Secretary of Department of Interior and Local

Goverment shall promulgate such rules and regulations as may be necessary to implement the
Provisions ofthis 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 offi
the barangay scholarship grant.

s, the basic priorities in the barangays and

Sec. 18, Penal Provision. ~ Any person who shall willfully interfere with, restrain or coerce
any barangay official or barangay resident in the exercise of his or their ri

ights guaranteed by this
Act or who shall i

act to defeat any of the provisions of this Act
shal. upon convietion, 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,

‘any other manner commit any


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

Sec. 19. Repealing Clause. ~ All Acts and decree:

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 two (2) national newspapers of general circulation.

Approved,