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Republic of the Philippines
OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

2059

HOUSE BILL NO.

CO PAOLO P. ORTEGA V.

Introduced by REPRESENTATIVE FRANCIS

EXPLANATORY NOTE

Our Barangay Health Workers (BHW) serve as frontline health workers in the
barangay. They have been tasked to provide basic health education and primary care
to individuals and families in the community

At the height of the pandemic, the BHWs performed a critical role in their
respective barangays as they conducted surveillance and reporting activities vital to
contact tracing to prevent the spread of the virus, The performance of their role
exposed them to the risk of the corona virus but they have to comply with their
mandated duties,

This bill, Magna Carta for Barangay Health Workers, will provide the
appropriate and proper renumeration, incentives and other benefits, among others, to
compensate them and cover theit basic needs

In view of the foregoing, the approval of this bill is earnestly sought

REP. FRAN ISCO PAOLO P. ORTEGA V
First District, La Union

2 aE é



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2059

Introduced by REPRESENTATIVE FRANCISCO PAOLO P. ORTEGA V

AN ACT
PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH
WORKERS

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

Section 1. Short Title. - This Act shall be known as the “Magna Carta of
Barangay Health Workers.”

Section 2. Declaration of Policy. — \t is a policy of the State to protect and
promote the right to health of people and adopt and integrated and comprehensive
approach to health development. Pursuant to this, it shall endeavor to make essential
goods, healthcare, and other social service available to all the people.

Section 3. Definition. — As used in the 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 health care 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 Republic Act No. 7883 otherwise known as the
“Barangay Health Workers’ Benefits and Incentives Act of 1995.”

Section 4. Registration. — Barangay health workers (BHWs) shall be
registered with the local health board in the city of 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 updated BHW registry to the Provincial Health Office which shall
consolidate all registries. Upon the validation of the Provincial BHW Federation, the
consolidated Provincial Registry shall be submitted to the Provincial Health Board,
and the same shall be posted in the municipal 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 of consolidation. The DOH
is hereby mandated to maintain a nation 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 nongovernment organization (NGO);

c. Be at least eighteen (18) of age at the date of 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, to provide BHW applicants with basic
orientation and training within six (6) months from the date of approval of their
application.

Section 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 accredited by the municipal or city health board.

‘The municipal or city health board shall issue the certificate of accreditation for
qualified BHWs. In order to qualify for accreditation, the applicant BHW must:

a. Be registered in accordance with Section 4 hereof,
b. Have completed in the locality at least two (2) years of continuous and

satisfactory service immediately prior to the filling of application for
accreditation;


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

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 the regular training program on health care service and
community-based health program within five (5) years of registration

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

Section 6. Number and Role of Barangay Health Workers, —
Notwithstanding the limitation prescribed under Section 325(a) of Republic Act No.
7160, as amended, otherwise known as “The Local Government Code of 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 material and infant deaths; newborn screening
for the early detection of congenital metabolic disorders which may lead to
mental retardation and even death, among others:

¢. 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. Coordinator — to facilitate access to any group or association of the
community with a relevant network of or specitic heath 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 basic healthcare services as may be
needed in the community in any health event.

A BHW shall not be required to engage in any partisan political activity

Section 7. Mandatory Appointment of Barangay Health Workers (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 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 shall 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) households: Provided, further, That the total number of the
barangay health workers nationwide shall not be less than one percent (1%) of the
total population.

Section 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 (P3,000.00) subject to adjustment based on the
prevailing market value, in additional to the following incentives and benefits:

a. Hazard allowance. ~ All accredited BHWs shall be entitled to 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
(P1,000.00) per month, subject to existing laws, rules, and regulations:

Subsistence Allowance. ~ All accredited BHWs who render service within
the premises of isolated barangay health stations shall be entitled to
subsistence allowance cquivalent to the meals they take in the course of
their duty, which shall be computed in accordance with prevaili
circumstances as determined by the LGU concerned. such allowance shall,
in no case, be less than One hundred pesos (P100.00) per day:

¢. Transportation allowance. ~ Ail accredited BHWs, in the performance of
their official duties, shall be entitled to a transportation allowance of not
less than One thousand pesos (P1,000.00) per month, subject to auditing
rules and regulations:

d. One-time retirement Cash Incentive. ~ All accredited BHWs who has
continuously and satisfactory served for at least fifteen (15) years shall be
entitled to a one-time retirement cash incentive of not less than Ten


thousand pesos (P10,000.00) in the 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:

e. 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 nongovernment organizations, provide information
on and opportunities for 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 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, and scholarship, among others:

3) Scholarship benefits in the form of tuition fee in state colleges, to be
granted to one (1) child of every barangay health workers who will not
be able to take advance of the program 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

f. Health Benefits, - All accredited BHWs shall be entitled to the following
health benefits during their incumbency

1) Free medical care. including surgery and surgical expenses medicines,
x-ray and other laboratory fees, when confined in any public hospital
or heath institution;

2) Emergency assistance not exceeding the amount of Five thousand
pesos (P5,000.00) chargeable against the find of the barangay
concerned. for expenses incurred in the nearest private hospital or
clinic in case of extreme emergency where there is no public hospital

3) Mandatory immediate membership in the Philhealth as indirect
contributors,

g. 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
circumstance of the BHWs.


h. Sick, Vacation and Maternity Leaves. — All accredited BHWs shall be
entitled to sick vacation and matemity leaves as may be prescribed in the
implementing rules and regulation of this Act: Provided, That the BHWs
shall continue to receive their monthly honoraria while on leave, for such
period in accordance with existing laws and practices

i. 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;

j. Disability Benefits. — An accredited BHWs who sustains an injury or falls ill
in the course of the performance of their duties shall not be entitled to Two
thousand pesos (P2,000.00) for every year of service.

k. 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.

1. 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 i#-ether civil and criminal cases filed by or
against the BHW arising out of or in connection with the performance of
their duties as such.

m.Preferential Access to Loan Facilities. - The DOH in coordination with
other concerned government agencies shall provide, within one hundred
eighty (180) days after the effectively of this Act, a mechanism that shall
provide organized BHWs access to 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

Section 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 (CPI) as published by
the Philippine Statistic Authority (PSA).”

Section 10, 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 in hereby prohibited


Section 11. Protection of BHWs. — The municipal, city, provincial
government and the Department of the Interior and Local Government (DILG) shall
establish a grievance mechanism 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

Section 12. Right to Self-organization. — A BHW shall have the right to
freely form, join or assist organizations to obtain redress of their 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

Section 13. Representation in the Local Health Board and Primary Health
Care Provider Network. - The president of the municipal or city association of
BHW’s shall be a member of the municipal or city local health board. The presidents
of the association of BHW’s of each component city and municipality associations 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’s shall also form part of the healthcare provider network and shall
participate in the implementation of healthcare services and programs,

Section 14. Continuous Capacity Building for BHW - The DOH shall conduct
continuous capacity building for BHW’s to enhance and upgrade their knowledge,
skills, including training programs conducted online and in major Philippine dialects.

Section 15. Penalty Clause. - Any local government official who violates any
provision of this Act may be administratively and criminally charged in accordance
with law.

Section 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. 11223 otherwise
known as the “Universal Health Care Act”

Section 17. Implementing Rules and Regulation - The DOH and the DILG
shall, in consultation with DepEd, the CSC, the GSIS, and other concerned
government agencies and nongovernmental entities. promulgate the rules and
regulations to implement this Act not later than one hundred eighty (18) days from the
effectivity of this Act.

Section 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.



Section 19. Repeating 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 modified accordingly

Section 20. Effectivity - This Act shall take effect fifteen (15) days after its
publication in the Official Gazeute or in a national newspaper of general circulation

Approved,