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

: OF REPRESENTATIVES
H. BNo.

Introduced by Rep. Reynante U. Arrogancia

EXPLANATORY NOTE

Article XIII Section 11 of the 1987 Constitution states that the State shall adopt an
integrated and comprehensive approach to health development which shall endeavor to make
essential goods, health and other social services available to all the people at affordable cost.

The Local Government Code provides that local government units (LGUs) shall
provide basic services in primary health care, maternal and child care, and disease control
services. At the grassroots level in barangays, the Barangay Health Workers (BHWs) serve as,
frontliners in providing basic health services that enable the services to be immediately
responsive and accessible to the community.

‘The Barangay Health Workers are an essential component to the nation's healthcare
workforce and to the Philippine Health Care in the country. Despite the critical role and
function of the BHWs as frontliners in primary health service, they receive meager benefits
and incentives.

The last major adjustment to the Barangay Health Worker role was when the Republic
‘Act No. 7883 was enacted, which recognized the contribution of the BHWs by providing them
benefits and incentives, however, after 27 years, this law no longer responds to the needs of
our BHWs.

This bill seeks for the Magna Carta for Barangay Health Workers, and that they shall
be entitled to monthly honoraria in the amount of not less than Three thousand pesos (P3,000),
in addition to incentives and benefits such as hazard allowance, subsistence allowance,
transportation, and health benefits, among others.

This measure will not only grant our Barangay Health Workers their due benefits and
recognition, but will hopefully encourage more constituents to serve as BHWs in their
localities.



This bill has been filed and had its success in the 18th Congress and it is hoped that in
the 19th Congress, it will finally be enacted into law.

In view of the foregoing, the immediate approval of this measure is earnestly sought.

REYNANTE U. ARROGANCIA
Representative
District of Quezon



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NINETEENTH CONGRESS OF THI )
REPUBLIC OF THE PHILIPPINES. )
First Regular Session )

HOUSE OF REPRESS TIVES

Introduced by Rep. Reynante U. Arrogancia

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 I. Short Title. — This Act shall be known as the “Magna Carta of Barangay Health
Workers’

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to protect and
promote the right of 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 hamess 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 BHW registry to
the Provincial Health Office which shall consolidate all registries. Upon the validation of the
Provincial Health Board, the same shall be posted in the muni 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, and 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
aceredited by the municipal or city health board.

“The municipal or city health board shall issue the e:
BHWs must:
(a) Be registered in accordance with Section 4 hereof:

ficate of accreditation to qualified

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

(c) Have completed a regular training program on health care service and community-
based health programs 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).



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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 a regular training program on health care service and community-based
health programs within five (5) years from registration.

The municipal and city health boards or through their registration and accreditation committees
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.

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 known as
~The Local Government Code 1991”, each 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
LGUs 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; 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 professional health
workers on health events and updates and concems relevant to the community and
inform the same to the community for appropriate action, if necessary;

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

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

() Health Care Service Provider ~ to assist and provide basic healthcare services as
may be needed in the community in any health event.

A BHIW 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


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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 shail 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)
houscholds: Provided, further, That the total number of barangay health workers nationwide
shall not be less than 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) 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 BHW shall be entitled 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) per month, subject to
existing laws rules, and regulations;

(©) Subsistence Allowance. — All accredited BHWs to 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 the 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) per month, subject to auditing rules and regulations;


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(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:
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 concemed agencies and
nongovernmental organizations, provide information on and opportu

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 step ladder
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.

(g) Health Benefits — All accredited BHWs shall be entitled to the following health
benefits during their incumbency:

(J) 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) charge: 1 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 PhilHealth as an indirect contributor.



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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;

k, Vacation and Maternity Leave. — 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
in accordance with existing

their monthly honoraria while one leave. for such peri
laws and practices;

@ 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 BWH 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
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 civil and criminal cases filed by or against the BHW
arising out of or in connection with the performance of their duties as such.

(n) Preferential Access to Loan Facilities. - The DOH in coordination with other
concerned government ag ty (180)
days afier the effectivity of this Act, a mechanism that shall provide organized

\cies shall provide, within one hundred ¢



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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
es.

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 (CP1) as published by the Philippine Statistics Authority (PSA).”

SEC. 10. Discrimination Prohibited. - Discrimination against any BHW by reason of gender.
ivil status, creed, religious or political beliefs and ethnic grouping in the exercise of their
is hereby prohibited.

functions and respon

SEC. 11. Protection of BHWs. - The municipal, city, provincial governments and the
Department of Interior and Local Government (DILG) shall establish a grievance mechar
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 10 Self-organization.- A BHW shall have the right to freely form, join or assist
organization to obtain redress 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 associ
the municipal or city local health board. The presidents of the association of BHWs of each
component city and municipality 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 BHW 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 BIIWs 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 assist the
LGUs in the development of education modules or materials that highlight the collective
experiences and learning of BHWs and the use of traditional and complementary medi



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‘The LGUs shall endeavor to establish their own training centers for BHWs and other health
workers in coordination with TESDA, NGO, 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
asthe “POF 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 violated any provision of
‘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. 1123 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 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. 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.

SEC. 19. Repealing Clause. - Republic Act No. 7883 otherwise known as the “Barangay
Health Workers’ Benefits and Incentives Act of 1995” or in a national newspaper of general
circulation.

Approved,