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Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES DATE apne

Quezon City

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By
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TWENTIETH CONGRESS

310

HOUSE BILL NO.

Introduced by REP. JAVIER MIGUEL L. BENITEZ

EXPLANATORY NOTE

The 1987 Constitution guarantees the protection and promotion of the health of its citizens and
declares that the State shall endeavor to make health services available to everyone. As such,
the role of health workers for the country is crucial in the delivery of health services.

The health sector in the Philippines is beset by the exodus of nurses and doctors seeking higher-
paying jobs abroad leading to poor delivery of health services in the country, especially in the
rural areas. In 2009 alone, a total of 13,465 mutses were hired abroad (POEA, 2009). Nurse to
patient ratio in the country is now at 1:40 up to 1:80 as oppose to the mandated 1:20 ratio,

Thus, Barangay Health Workers (BHWs) are being utilized increasingly in the delivery of
health services especially in the remote and rural areas because of the existing health sector's
human resource crisis.

The crucial and heroic role that BHWs play makes them deserving of much more than what
they are receiving today.

‘This proposed measure aims to provide a reasonable set of incentives to BHWs to compensate
them for the work that they perform in making health services accessible to all. This bill will
enhance the benefits provided to BHWs by virtue of Republic Act 7883 by providing among
others, fixed honoraria, and health and insurance coverage under Philhealth and GSIS.

‘The passage of this proposed measure will not only grant due recognition to the valuable
services that BHWs render, but will hopefully encourage more people to serve as BHWSs in
their localities. Such increase in the number of BHWs would contribute positively to the goal
of government for a more effective delivery of health services and make health care accessible
to all

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

REP. TERMIGUELY¥. BENITEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS

310

HOUSE BILL NO.

Introduced by JAVIER MIGUEL L. BEN

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 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. 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 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 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 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 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,
(a) 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 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 accredited by the municipal or city health board.

The municipal or city health board shall issue the certificate of accreditation to 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 filing 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 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 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 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 maternal and infant deaths; newb 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 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 specific health and non-health service providers;

(c) 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 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.

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
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 shalll 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 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 (P3,000.00) 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 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;

(c) Subsistence Allowance. ~ All accredited BHWs who 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 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 (P1,000.00) per month, subject to auditing rules and regulations;

(¢) 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-time 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 citics;

() 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 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:

(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;

(2) 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;

(3) Mandatory and immediate membership in the PhilHealth as indirect
contributors.

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 concemed. For this purpose, the GSIS shall design an
insurance benefit package suited to the needs and unique circumstances of the
BHWs;

(i) Sick, Vacation and Maternity Leaves. — All accredited BHWs shall be entitled to
sick, vacation and maternity leaves as may be prescribed in the implementing
tules and regulations 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;

(j) 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;

(1) 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 BHW 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 his
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 in other 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 agencies shall provide, within one hundred eighty (180)
days after the effectivity of this Act, a mechanism that shall provide organized
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
activities

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

SEC. 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 is hereby prohibited

SEC. 11. Protection of BHWs. — The municipal, city, provincial governments 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.

SEC. 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, ina 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 association of BHWs shall be a member of
the municipal or city local health board. The presidents of the association of BHWs 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 BHWs 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 BHWs 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 also
assist the LGUs in the development of education modules or materials that highlight the
collective experiences and learnings of BHWs and the use of traditional and complementary
medicine.

‘The LGUs shall endeavor to establish their own training centers for their BHWs and other
health workers in coordination with TESDA, NGOs, 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 as the “PQF 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 violates any provision of
this 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. 11223 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 agencies
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” is hereby repealed. All laws, decrees,
executive orders, rules and regulations, which are inconsistent with this Act are hereby
repealed, or modified accordingly.

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

Approved,