PR
US ee “SON
eR ECEIVED ”

Republic of the Philippines
House of Representatives
Quezon City
TWENTIETH CONGRESS

First Regular Session

1966

House Bill No.

EXPLANATORY NOTE

This Bill seeks to address the plight of Barangay Health Workers (BHWs),
individuals who voluntarily provide health care services to their communities
through their respective Barangay Health Centers. BHWs conduct house-to-
house to monitor maternal and child health, perform first aid and vaccinations,
distribute vitamins and medicines, among others. During the COVID-19
pandemic, BWHs performed a critical role in connecting communities to primary
care. As residents of the barangay they are serving, they have local knowledge
which they used in contact tracing and assisting affected individuals, whom they
monitored.

However, despite the service that they provide as frontline health workers
and the vital role that they play in the delivery of basic health care services, they
are given very minimal benefits. The role that BHWs play makes them deserving
of much more than what they are actually receiving. To address this, this Bill
aims to grant the BHWs proper remuneration through a compensation and
benefits package, which shall include, but not limited to, hazard allowance,
subsistence allowance, insurance coverage; as well as security of tenure

The passage of this Bill will not only grant due recognition to the valuable
services that BHWs render, but will hopefully encourage more individuals to
serve as BHWs in their localities.

Previously filed in the 19th Congress, this Representation chaired the
technical working group at the Committee level. Support for this bill is earnestly
requested from my colleagues.

MARIA ANGELA S. GARCIA
ird District, Bataan


Republic of the Philippines
House of Representatives
Quezon City

‘TWENTIETH CONGRESS
First Regular Session

House Bill No.__ 1966

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:

SEC 1. 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 to health of people and adopt an integrated and
comprehensive approach to health development, and 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 sustainable development goals, the State shall adopt policies that
promote the welfare and well-being of barangay health workers who are the forefront
of the delivery of health care at the grassroots level, and 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 or
non-government organization (NGO), and who voluntarily renders primary healthcare
services in the community after having been accredited to function as such by the local
health board.

SEC. 4. Coverage. - This Act shall apply to all barangay health workers (BHWs)
as defined under Section 3 of this Act: Provided, That all incentives and benefits
granted under this Act shall extend only to duly accredited BHWs, who have undergone
at least two (2) years of training: Providedhowever, That duly registered barangay
health workers shall be entitled to a monthly honoraria and hazard allowance as
provided in Sec. 9 herein: Provided further, That when the BHW receives a fixed salary
under a permanent appointment in any government office, by election to another public


office or by employment in the private sector, coverage under this Act shall
automatically cease and the BHW shall be covered under applicable laws.

SEC. 5. Registration.AlIBHWs shall be registered with the local health board in
the city or municipality in which they render service. Registered BHWs shall be given
appropriate proof of said registration

‘The municipal and city health offices shall regularly update and maintain the BHW
Registry with the assistance of the BHW Federation. The BHW Registry shall be subject
to the approval of the municipal or city health board. The local health offices shall submit
a copy of the updated and duly approved registry to the Provincial Health Office for
consolidation and validation with the assistance of the Provincial BHW Federation,
which shall also be subject to the approval of the Provincial Health Board. The
Provincial BHW Registry shall be posted in the municipal or city bulletin board and
barangay health centers.

The Provincial BHW Registry shall be submitted on or before April 30 of every
year to the Department of Health (DOH) at the regional and national levels for
consolidation. The DOH is hereby mandated to maintain a national registry 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 recommended by the
Rural Health Midwife (RHM) or public health nurse assigned to the barangay
and by the head of the barangay health workers association and certified by
the Sangguniang Barangay;

(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 (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 the DOH, to provide BHW applicants basic orientation and
training within six (6) months from the date of approval of their application.

SEC. 6. 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 a certificate of accreditation to
qualified BHWs. In order to qualify for accreditation, the applicant BHW must:

(a) Be registered in accordance with Section 5 hereof;

(b) Have satisfactorily undertaken the role of a BHW in the locality as provided
for in Section 7 hereof, for at least two (2) years of continuous and satisfactory
service immediately prior to the filing of application for accreditation;

() Have completed a regular training program on health care service and
community-based health program in order to upgrade and develop the skills
and competency required of a BHW. The training program shall be
institutionalized by the DOH, in cooperation with local government units
(LGUs).


It shall be the duty of the municipal or city government, as the case maybe, in
cooperation with the provincial government and 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 than later 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. 7. Roles, and Duties and Responsibilities of Barangay Health Workers.
- As one of the key partners in a reformed health care delivery system, the DOH and
LGUs shall support BHWs as they perform the following roles:

(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 the importance of a birth plan and facility-
based delivery in reducing maternal and infant deaths; newborn screening
for the early detection of congenital metabolic disorders which may leads 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 concerns relevant to the
community and inform the same to the community for appropriate action, if
necessary;

(d) Linker - 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;

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

The BHW shall perform the following duties and responsibilities:

(a) Height and weight monitoring, and reporting the same to the barangay;

(b) Monitoring and following up of defaulted cases of immunization, family
planning, tuberculosis compliance to treatment and others, and reporting the
same to the barangay;

(c) Reporting to the barangay any incidence of disease or any health cases in
the community;

(d) Communicating and coordinating with the community to participate in
barangay health center activities;

(e) Gathering of data about overall status of health of the community;

(f) Administering first aid;

(g) Conducting health visits;

(h) Conducting birth planning for pregnant women;

(i) Conducting health education;

(i) Strengthening referral systems;

(k) Collecting sputum;


(\) Identifying people with disease and sickness;

(m)Community health profiling;

(n) Psychosocial debriefing for stress and post-calamity initiatives

(0) Responding in natural calamities and disasters, and

(p) Coordinating closely with the local government health officer in the
implementation of health programs in the locality.

SEC. 8. Number of Barangay Health Workers (BHWs).—Subject to relevant
laws, and in coordination with relevant government agencies and respective local
government units, the number of BHWs in every barangay shall be guided by and based
on the particular need of the barangay for BHW services.

The DOH shall determine the ideal ratio of barangay health workers to the number
of households: Provided, That the total number of barangay health workers nationwide
shall not be less than one percent (1%) of the total population.

The residents of the barangay must be given preference in the employment of
BHWs.

SEC. 9. Incentives and Benefits. -All accredited BHWs who are actively and
regularly performing their duties and responsibilities shall be entitled to the following
incentives and benefits:

(a) Monthly Honoraria in the amount of not less than Three thousand pesos
(P3,000.00), subject to adjustment based on the prevailing market value;

(b) Hazard Allowance in an amount to be determined by the local health board
of 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 equivalent to the meals they take in the course of
their duty, which shall be computed in accordance with prevailing
conditionsas determined by the LGU concerned, which in no case shall be
less than One hundred pesos (P100.00) per day: Provided, That the
accredited BHW shall render service within the premises of isolated
barangay health stations in order to make it available at any and all times;

(d) Transportation Allowance of not less than One thousand pesos (P1,000.00)
per month, subject to auditing rules and regulations, on the condition that the
availment of transportation services are in line with the performance of the
BHW's official duties and responsibilities;

(e) One-time Gratuity Cash Incentive of not less than Ten thousand pesos
(P10,000.00) in recognition of the BHW's loyalty and dedication and for
having continuously and satisfactorily served for at least fifteen (15) years;

() Discount Privileges for BHWs. - All 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 BHWis eligible
for a higher discount as may be granted by the commercial establishment
and/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
VAT, 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.

(g) 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 non-government organizations, provide information on and
opportunities for education and career enrichment for accredited BHWs,
‘such as the following:

1) Educational programs which credit the years of primary health care
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, ‘scholarships; and

3) Special training programs such as traditional medicine, disaster
preparedness and other programs that address emergent
community health problems and issues.

(h) Health Benefits. - During their incumbency, all BHWs are entitled to the
following health benefits :

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;

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;

Mandatory and immediate membership in the Philippine Health
Insurance Corporation (Philhealth) as indirect contributors.

2)

K)

(i) Insurance Coverage. - All BHWs shall be granted insurance coverage and
benefits from the Government Service Insurance System (GSIS) which shall
be borne by the LGU concemed. For this purpose, the GSIS shall design an
insurance benefit package suited to the needs and status of BHWs;

(i) Sick and Maternity Leaves. — All BHWs shall be entitled to sick and maternity
leaves as prescribed by the Local Health Board: Provided, That, the BHWs
shall continue to receive their monthly honoraria while on leave, for such
period in accordance with existing laws and practices.

(k)Cash Gift — All accredited BHWs are entitled to cash gift of 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;


(I) Disability Benefit - An accredited BHW who sustains injury or sickness in
the course of the performance of their duties shall be entitled to Two
thousand pesos (P2,000.00) for every year of service;

(m) Civil Service Eligibility. - A second grade eligibility shall be granted to
accredited BHWs who have rendered five (5) 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 BHWs service in computing the retirement benefits.

(n) Free Legal Services, - Legal representation and consultation services shall
be immediately provided by the Public Attorney's Office to an accredited
BHW in cases of coercion, interference, and in other civil and criminal cases
filed by or against BHWs arising out of or in connection with the performance
of their duties as such.

(0) Preferential Access to Loan. - 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
BHWs organized 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.

Notwithstanding the limitations under this section, all registered BHWs shall be
entitled to monthly honorariaand hazard allowance.

The LGUs concerned shall also endeavor to provide other health benefits to
BHWs not otherwise provided by law.

SEC. 10. Annual Review.— The local health boards shall conduct an annual
review of the BHW program, performance, as well as the benefits, incentives and
allowances enumerated in the immediately preceding Section taking into consideration
the current consumer price index as published by the Philippine Statistics Authority.

SEC. 11. 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 12. Protection of BHWs. - No accredited BHW shall be removed except
for a valid causeas determined by the Local Health Board (LHB). The LHB shall resolve
termination cases against BHWs judiciously and not later than ninety (90) days from
the receipt of a complaint: Provided, That if a BHW is found to be unjustly removed from
service, the BHWshall be entitled to reinstatement without loss of benefits and
incentives from the time of termination up to the time of reinstatement.

SEC. 13. Grievance Mechanism. - The LHB shall establish a grievance
mechanism as @ means of processing complaints of BHWs against alleged acts of
discrimination and unjust removal from the service. The decisions rendered by the LHB
shall be final and executory,

SEC. 14. Municipal, City, Provincial, and National Federation of BHWs. —
There shall be an organization of accredited BHWs for the purpose of electing the
municipal, city, provincial, and national-level federation in order to ventilate, articulate,


and crystalize issues affecting health care delivery system 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.

The BHW federation for municipalities, cities, and provinces shall elect their
respective local federation boards of directors, and a set of national officers to comprise
the national board of directors to be headed by a president. A Secretary-General shall
be chosen from among the national federation members to manage the day-to-day
operation and activities of the federation. The respectiveboards of directors may create
‘such other positions as may be necessary for the management of the affairs of the local
and national federation.

SEC. 15. Representation in the Local Health Board and Primary Health Care
Provider Network. — The President of the municipal or city federation of BHWs shall
be a member of the municipal or city local health board. The respectivepresidents of
the federation of BHWs of each city and municipality federation of a province shall elect
from among themselves their representative to the provincial health board: Provided,
That the BHW representatives to the local health boards shall not be allowed to vote
on the registration, accreditation, and disciplinary or removal complaints of BHWs.

The BHWs shall also be part of the health care provider network, in the
implementation of health care services and programs.

SEC. 16. Prohibition from Engaging in Partisan Political Activity. - No BHW
shall engage in any partisan political activity,

SEC 17. Continuous Capacity Building for BHWs. - The DOH shall conduct
continuous capacity building for BHWs that will enhance and upgrade their knowledge
and skills through various forms including online learning and multimedia in major
Philippine dialects.

The DOH shall, in coordination with TESDA and other concerned agencies, assist
the LGUs in the development of education modules or materials to promote the
collective experiences and learnings of BHWs as well as to promote traditional and
complementary medicine.

The LGUs shall endeavor to establish their own training centers for their BHWs
and other health workers in coordination with theTESDA, NGOs, and other agencies
concerned.

The LGUs shall also implement a development program for BHWs that will allow
them to benefit from the ladderized training as provided under Republic Act No. 10968,
otherwise known as the Philippine Qualification Framework Act, and Republic Act No.
10647, otherwise known as the Ladderized Education Act of 2014, including academic
credits for health-related courses.

SEC. 18. Observance of BHW Day. - Every barangay shall commemorate BHW
Day during April 7 of every year in recognition of the service of Barangay Health
Workers, their heroic services in times of crises, and their indispensable role in
promoting health and wellness among the citizenry.

The DOH, in cooperation with the Department of the Interior and Local
Government (DILG) and all local government unitsshall hold simple ceremonies or
activities to highlight the indispensable role of BHWs in nation-building.


SEC. 19. Penalty Clause. - Any local government official who violates any
provision of this Act may be administratively and criminally charged in accordance with
law.

SEC. 20. Appropriations. — The amount necessary for the implementation of
this Act shall be charged against the National Tax Allotment of the LGUs, other local
funds, the special health fund under Republic Act No. 11223, otherwise known as the
“Universal Health Care Act”.

SEC. 21. Implementing Rules and Regulation. - The DOH and the DILG shall,
in consultation with the DepEd, CSC, GSIS, and other concerned government agencies
and non-governmental 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. 22. 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. 23. 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 amended or accordingly.

SEC. 24. Effectivity. - This Act shall take effect fifteen days (15) after its
publication in the Official Gazette or in a national newspaper of general circulation.

Approved