Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House pi.no._ 4046

Introduced by Rep. Gabriel Luis R. Quisumbing

EXPLANATORY NOTE

This bill seeks to establish a Magna Carta for barangays. As the basic political

unit, the barangay serves as the primary planning and impkmenting unit of
government programs, projects and activities. It is also the forum in which the
collective views of the peopke in the community may be crystallized and considered.

Due to the important role of barangays, it is but just that measures be adopted

to promote their welfare and prosperity.

This Legislative measure proposes the following:

‘That barangay officials be considered as regular government employees with
fixed salaries, allowances, insurance, medical and dental coverage, retirement
benefits and other fringe benefits to which a regular government employce is
entitled;

Basic necessities, such as regular supply of cean and potable water, public
transportation, schools, health centers and Barangay halls, be provided to
every barangay;

Automatic release of share from national taxes;

‘Transfer of funds to the barangay for the maintenance of roads and bridges;
Mandatory share of barangays in taxes, fees and other charges; and

Priority in employment.

In view of the foregoing, early passage of this bill is earnestly requested.

LUIS R. QUISUMBING


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BiLi.o._ 4046

Introduced by Rep. Gabriel Luis R. Quisumbing

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:

ARTICLE|
‘TITLE. DECLARATION OF POLICY AND GENERAL PRINCIPLES

SECTION 1. Title. - This Act shall be known as "The Magna Carta for
Barangays.”

SEC. 2. 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 therein, and provide new measures that will ensure its
enjoyment of local autonomy to ascertain 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

a. The National Government shall give more attention to the development of the

barangay, as it is the base of this country’s economy,


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

¢. Self-help or peopl power shall be the guiding principle in all barangay
development projects.

ARTICLE IL
BARANGAY OFFICIALS AS REGULAR GOVERNMENT EMPLOYEES

SEC. 4. The Barangay Officials as Regular Government Employees. - The
punong barangay, sangguniang barangay members, the sangguniang Kabataan
chairman, the barangay secretary, and barangay treasurer in all barangays are hereby
dechired 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, under Civil Service laws, rules and regulations, a regular
government employee may be entitled to.

SEC. 5, Salaries of Barangay Officials. - As soon as the appropriate steps and
measures are undertaken by each city or municipality in coordination with the
individual barangay involved on matters relating to the sources of fund 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 paragraph 4

hereof, shall be entitled to the following fixed salaries:

1. Punong Barangay - An amount equivalent to the salary of a sangguniang bayan

member of his municipality.

2. Six (6) Sangguniang Barangay Members - An amount equivalent to eighty
percent (80%) of the salary of a sangguniang bayan member of his

municipality.

3. Sangguniang Kabataang Chairman, Barangay Secretary, Barangay Treasurer -

An amount equivalent to seventy-five percent (75%) of the salary of a


sangguniang bayan member of his municipality.

ARTICLE III
BASIC PRIORITIES IN THE BARANGAY

SEC. 6. 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 enjoined to construct and/or
maintain at least one (1) deep well with pumping device for drawing drinking water
to supply the needs of every one thousand (1,000) residents for each barangay within

its jurisdiction,

SEC. 7. Transportation for Every Barangay. - \t is also the right of every
barangay to have public transportation availabe at least 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

wansportation in every barangay.

SEC. 8. Schools, Health Centers, and Barangay Halls for the Barangays. -
Every barangay is entitled to have at least one (1) elementary school: Provided That
there shall be at least one (1) high school for every five (5) kilometers from the
barangay center, It shall also be the right of every barangay to have one (1) health
center and one (1) barangay hall

ARTICLE IV
MEASURES TO ASSURE ENJOYMENT OF LOCAL AUTONOMY.

SEC. 9. Automatic Release of Share from National Taxes. - It 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 Funds to Barangay for the Maintenance of Roads and


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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 to the general fund of every barangay for their
proper disposition by the barangay officials subject to auditing laws, rules and

regulations.

s
Charges. - Twenty-five percent (25%) of all taxes collected on real property located

11, Mandatory Share of Barangays in All Taxes, Fees or Other

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 in the barangay or entities whose

office and/or manufacturing plant is located within the barangay.

SEC. 12. Equitable Share of Barangays from Proceeds of Utilization and
Development of Natural Resources. - For the exploitation, utilization and
development of natural resources within its territory, every barangay shalll be entitled
to an equitable share of the proceeds derived therefrom. The amount of the 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 from part of the general fund of

the barangay.

ARTICLE V
SUNDRY MATTERS

SEC. 13. Scholarship Grant. - Every barangay shall sponsor at least one (1)
scholarship grant every year leading to any bachelor degree to be awarded by a


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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 school books,

supplies

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 is directed to give full assistance for the
establishment and organization of said enterprises and to take every possible effort

to make cooperative undertakings a way of life in the barangay.

ARTICLE VI
ADMINISTRATION AND ENFORCEMENT

SEC, 16. Rules and Regulations. - The Secretary of the Department of Interior
and 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 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 officials,

including the basic priorities in the barangays and the barangay scholarship grant.

SEC. 18. Penal Provision. - Any person who shall willfully interfere with,


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restrain or coerce any barangay official or barangay resident in the exercise of his or
her rights guaranteed by this Act or who shall in any other manner commit any act to
defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of
not less than Five Hundred Pesos (P500.00) nor more than Two Thousand Pesos
(P2,000.00), or by imprisonment of six (6) months and one (1) day, or both, subject

to the discretion of the court.

If the offender is a public official, the court shall, after conviction, order his

dismissal from the government service, in addition to the above-mentioned penalties.
SEC. 19, Repealing Clause. - All acts and decrees, 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 provision of this Act is declared invalid,

the remaining provisions not affected thereby shall remain in force and effect.

SEC. 21. This Act shall take effect after its publication in two (2) national

newspapers of general circulation.

Approved,