HOUSE -F REPR!

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SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES } oave,_16 AUG 2016
First Regular Session ) Time S190 Om

BY! Pores

REGISTRATION UNIT
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HOUSE OF REPRESENTATIV!

H.B.No.__ 3024

Introduced by Representative H. Harry L. Rogue Jr

PROVIDING INCENTIVES TO. UL BARANGAY OFFICIALS, INCLUDING
BARANGAY TANODS AND MEMBERS OF THE LUPONG TAGAPAMAYAPA,
AND BARANGAY EMPLOYEES
EXPLANATORY NOTE

This bill seeks to provide incentives to Barangay Officials, including Barangay
‘Tanods and Members of the Lupong Tagapamayapa and Barangay employees.

Compared to other government employees in local government units, Barangay
officials and Barangay employees are the lowest paid and the least benefited in terms of
government employment benefits and privileges. And yet our Barangay officials are the
frontliners, so to speak, the government workers who make democracy work at the
grassroots level. They have a job to do under existing law and, as a general rule; they
strive to do their job well, particularly in the area of peace and order and community
relations, despite the limited resources made available to them.

Foremost of the benefits granted the Barangay officials and Barangay employees
is the exemption from income tax of their salaries wages, compensation, remuneration

and other emoluments, such as honoraria and allowances, including any benefits that they

may receive from government on account of their work or employment. Added to this are

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some equally important benefits: (a) benefit coverage under the Government Service
Insurance System; (b) coverage under existing medical and health service programs of
government under existing laws; and (c) free legal representation in the event that any
Barangay official or employee is involved as party litigant in any administrative or
criminal case as a result of or connected with the performance of his official duties.

In sum, the proposed legislation, in a sense, seeks to give due recognition to the
important job being performed by these grassroots workers and to acknowledge the
important role being played by the smallest territorial unit and political subdivision of

government called the Barangay.!

Ca

H. HARRY L. ROQUE JR.

" This bill was originally filed in the Fourteenth Congress, First Regular Session, and subsequently refiled
in the Sixteenth Congress, Third Regular Session by Miriam Defensor-Santiago.

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xv

SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRE, TIEVS

np Ne OOoL

Introduced by Representative H. Harry L. Roque

AN ACT
PROVIDING INCENTIVES TO ALL BARANGAY OFFICIALS, INCLUDING
BARANGAY TANODS AND MEMBERS OF THE LUPONG TAGAPAMAY APA,
AND BARANGAY EMPLOYEES
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 “Barangay Workers

Incentives Act.”

SECTION 2. Declaration of Policy. — It is the declared policy of the State to
promote and enhance the efficiency and responsiveness of barangay officials and
employees, the government workers who make democracy work at the grassroots level in
the smallest territorial and political subdivision of the government which is the barangay
To achieve this objective, the State shall adopt measures and provide such incentives not
only to help ensure the faithful performance of the duties and functions of barangay

officials and employees but also to raise their quality of life

SECTION 3. Tax Exemption. — All amounts received by barangay officials,

including Barangay Tanods and members of the Lupong Tagapamayapa, hereinafter


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particularly referred to as “barangay officials and barangay employees”, as salaries,
wages, compensation, remuneration and other emoluments, such as honoraria and
allowances shall be exempt from income taxation. Gross benefits received by such
officials and employees, of whatever kind or character, shall likewise be exempt from

taxation.

SECTION 4. Exemption from Capital Gains and Transfer Taxes. - The sale,
exchange or disposition of real property by barangay officials and barangay employees
shall be exempt from capital gains and other national taxes as long as the proceeds of
such sale, exchange or disposition shall be directly and exclusively used by such officials
and employees to acquire a house and lot, not exceeding 500 square meters, for family
dwelling. The acquisition of such house and lot for family dwelling purposes shall
likewise be exempt from any national or local taxes and fees in connection with the
transfer and registration of such property in the name of the barangay official or barangay

employee concerned.

SECTION 5. GSIS Benefit Coverage. — All barangay officials and barangay
employees shall be considered members of the Government Service Insurance System
(GSIS) and shall be covered with life insurance and social security protection, including
retirement, disability, separation and unemployment benefits and such other benefits as
may extended by the GSIS, subject to limitations provided by law.

The GSIS shall make special provisions in order to facilitate the inclusion of

barangay officials and barangay employees, in the benefit coverage of GSIS,
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SECTION 6. Health Benefits. - Government medical and health insurance
programs under existing laws shall include in their coverage free basic health services

and medicine to barangay officials and barangay employees.

SECTION 7. Legal Representation. — Barangay officials and barangay employees
who may be involved as party litigants in administrative or criminal cases filed in
connection with the performance of their official duties shall, as a member of right, be
entitled to the free legal services of the Public Attorney's Office (PAO) who shall
facilitate the legal representation of the such officials and employees by a counsel

Such benefit of legal representation shall include an exemption from payment of
docket and other lawful fees, and of transcripts of stenographic notes which the court

may order to be furnished the barangay officials and barangay employees.

SECTION 8. Implementing Rules and Regulations. ~ Within six (6) months from
the effectivity of this Act, the Department of Interior and Local Government, in
coordination and consultation with the Department of Justice, the Department of Health,
the Government Service Insurance System and other agencies concerned, shall
promulgate such rules or guidelines as may be necessary for the proper implementation

of this Act.

SECTION 9. Separability Clause. - - If any provision or part hereof is held
invalid or unconstitutional, the same shall not affect the validity and effectivity of the

other provisions hereof.


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SECTION 10. Repealing Clause. — All laws, decrees, orders, and issuances, or
portions thereof, which are inconsistent with the provisions of this Act, are hereby

repealed, amended or modified accordingly

SECTION 11. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers of general

circulation.

Approved,