Republic ofthe Philippines

House of Representatives

Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL No, _3911

Introduced by Representative Jefferson F. Khonghun

AN ACT PROVIDING FOR
THE MAGNA CARTA OF BARANGAY EMPLOYEES

This legislation seeks to establish the Magna Carta of Barangay Employees,
fortifying the provisions of the Local Government Code of 1991 pertaining to
the barangay, its officials and employees.

Republic Act No. 7160, otherwise known as the Local Government Code of
1991, as amended, states the role of a barangay as, “the basic political unit,
the barangay serves as the primary planning and implementing unit of
government policies, plans, programs, projects, and activities in the
community, and as a forum wherein the collective views of the people may be
expressed, crystallized and considered, and where disputes may be amicably
settled.” The said law recognizes that the role of the barangay entails great
responsibility as it acts as a medium for the implementation of the visions of
the national government while allowing it to be autonomous when dealing
with its constituents. Furthermore, the Code delineates the duties and
functions of the barangay officials and its employees, the benefits which they
receive, and all other pertinent provisions governing the said unit.

While the Local Government Code still stands, it must be understood that the
same is an old law that needs to be revisited. Unfortunately, a 1991 legislation
no longer answers for the current plight of barangay employees when it comes
to their salaries, incentives, benefits, and allowances.

In 2020, Sultan Kudarat 2nd District Rep. Horacio Suansing and Nueva
Ecija Ist District Rep. Estrellita Suansing filed House Bill No. 7296,
providing for the regularization and salary standardization of barangay
officials. As a counterpart bill, Senator Emmanuel Pacquiao, Sr. has
authored Senate Bill (SB) No. 1956 otherwise known as the “Barangay
Officials Salary 2 Standardization Act of 2020”, seeking to amend the Local
Government Code to finally give barangay officials and personnel regular


salaries and special risk allowance during calamities,

In the same vein, this legislation provides barangay employees with what is
properly due them. It is high time that the great responsibility imposed by the
said law upon those who serve the barangay be fairly compensated. After all,
the barangay officials and employees are entrusted by their constituents to
alleviate them from the day-to-day issues and problems, while they, too, have
issues and problems that they face on their own. This measure will surely
encourage our beloved barangay employees to better their performance and
service.

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



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~ 3911

AN ACT PROVIDING FOR
THE MAGNA CARTA OF 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 Magna Carta
of Barangay Employees”.

SECTION 2. Declaration of State Policy. — Recognizing their vital role in
carrying out the basic government services down to the communities, it is the
policy of the State to promote the general welfare of the residents of the
barangay; to provide sanitary and decent facilities for purposes of utilization,
comfort, and security; to create avenues where the residents can air their
proposals. In line with this, it is through raising the economic status of the
barangay officials and employees that the improvement of their work as the

primary implementing unit of government policies will be realized.

L BARANGAY OFFICIALS AS REGULAR GOVERNMENT
‘EMPLOYEES

SECTION 3. Barangay Officials as Regular Employees. - Section 393 (a)
of R.A. No, 7160 notwithstanding, the Punong Barangay, members of the
Sangguniang Barangay, the Sangguniang Kabataan Chairperson, the
Barangay Secretary, and Barangay Treasurer in all barangays are hereby
declared regular employees, and as such entitled to fixed salaries, allowances,
insurance, medical and dental coverage, retirement benefits, and such other
incentives and fringe benefits which, under Civil Service laws, rules and
regulations, a regular government employee is entitled, unless otherwise
provided in this Act.


SECTION 4. Position Classification and Compensation Scheme for
Barangay Officials. Barangay officials shall be entitled to salaries, benefits or
allowances as compensation for services they shall have rendered.

Such position classification and compensation scheme shall conform
with the following guidelines:

1. The Position Classification and Compensation Scheme for Barangay

Officials shall be comprised of three salary grades, namely:

a. Barangay Salary Grade | for barangay appointive officials as
already provided by law, and other barangay personnel the
positions of which are provided for by ordinance of the
corresponding barangay;

b. Barangay Salary Grade Il for barangay elective officials in the
Sangguniang Kabataan and Sangguniang Barangay with the
exception of the Punong Barangay; and

c. Barangay Salary Grade III for Punong Barangay.

2. The minimum monthly salary for the salary grades for barangay
officials shall be as follows:

a. Barangay Salary Grade 1 — Fifteen Thousand Pesos
(P15,000.00)

b, Barangay Salary Grade Il —Twenty-Five Thousand Pesos
(P25,000.00)

c. Barangay Salary Grade II] — Thirty-Five Thousand Pesos
(P35,000.00)

Provided, That said monthly salaries shall be subject to applicable statutory
deductions to enable membership benefits from the government social


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agencies; provided, further that no barangay official shall suffer reduction,
diminution or withdrawal of salaries and benefits already enjoyed by the
barangay official or personnel concerned: Provided finally, that the budget
ceiling for annual personnel services appropriations of fifty-five percent (55%)
of the annual income actually realized from local sources during the next
preceding fiscal year, as provided in Section 331 (b) of Republic Act No. 7160,
as amended, otherwise known as the “Local Government Code of 1991”, shall
apply.

3. As regularized government employees, said barangay officials shall
likewise be entitled to 13th month pay, and other bonuses as may
be provided by law.

SECTION 5. Review of Benefits and Entitlements. The DILG shall
conduct a regular review, which shall not extend beyond five (5) years at any
one time, of the sufficiency and adequacy of the benefits and entitlements of
barangay officials and personnel as provided in existing laws, including this
Act: Provided, That there shall be no reduction, diminution or withdrawal of
benefits and entitlements provided hereunder.

tl. BENEFITS AND ALLOWANCES OF BARANGAY OFFICIALS

SECTION 6. Special Risk Allowance. In areas declared by the National
Government to be under a state of calamity or emergency, and for the duration
thereof, the barangay officials and employees shall be entitled to special risk
allowance equivalent to seven percent (7%) of the monthly basic salary based
on the classifications provided under Section 4 of this Act.

SECTION 7. Hazardous Duty Pay. Barangay employees whose services
are urgently essential and who physically report for work in situations where
they are inevitably exposed to health dangers and hazards, such as but not

limited to, disease-infected places which pose occupational risks, shall be


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entitled to Php300.00 per day per person, chargeable against the local income
of the barangay concerned.

SECTION 8. Special Local Allowances. Supplemental remunerations,
benefits or other entitlements that may be provided by the municipal, city, or
provincial governments of the respective barangays shall not be offset by the

remunerations, benefits or other entitlements provided for in this Act.

SECTION 9. Thirteenth Month Pay and Christmas Bonus. On top of their
basic salary, barangay officials shall also be entitled to 13th-month pay, and
Christmas bonus of Php 5,000.

SECTION 10. Representation and Travel Allowance (RATA), Personal
Econoimic Relief Allowances (PERA), Productivity Incentive Bonus (PIB) and
Clothing Allowance. Barangay employees shall not be entitled to receive RATA,
PERA, PIB and Clothing Allowance.

Ill. COMPENSATION FOR BARANGAY VOLUNTEERS

SECTION 11. Barangay Volunteers. Barangay volunteers and other
barangay workers not covered in Section 4 of this Act shall be entitled to
temporary honoraria and other benefits, incentives or allowances as
compensation for services rendered in an amount determined and
appropriated for by their respective barangays, municipalities, cities or
provinces; provided that the grant of honoraria shall be subject to availability
of funds, and budgetary limitation on personnel services under Republic Act
No. 7160.

Notwithstanding the provisions set forth in the Local Government Code
of the Philippines, for purposes of awarding temporary honoraria and other
benefits, incentives or allowances for services rendered, Barangay volunteers
shall include:


a. A group of volunteers who aid barangay officials in the
execution and enforcement of barangay ordinances, the
maintenance of peace and order, and the promotion of public
safety;

b. Sangguniang Kabataan Kagawads, the secretary and the
treasurer at the SK level;

c. Day care workers; and

d. Members of the Lupong Tagapamayapa.

IV. PROVISIONS FOR IMPLEMENTATION

SECTION 12. Funding Source. The funding necessary to implement the
provisions of this Act shall be appropriated by the National Government under
the Annual General Appropriations Act (GAA).

SECTION 13. Mandatory Review. — As the need arises or within five (5)
years after its effectivity, the Congress shall undertake a mandatory review of
this Act, with the primary objective of providing a more responsive and
accountable local government structure.

SECTION 14. Implementing Rules and Regulations. — Within ninety (90)
days from the effectivity of this Act, the Department of Internal and Local
Government shall promulgate rules and regulations as well as other issuances

to effectively carry out the provisions of this Act.

SECTION 15. Separability Clause. - Should any part of this Act be
declared unconstitutional or invalid, other provisions hereof that are not
affected thereby shall continue to be in full force and effect.

SECTION 16. Repealing Clause. - All laws, decrees, executive orders,

proclamations, rules and regulations, and issuances, or parts thereof which


are inconsistent with the provisions of this Act, are hereby repealed, amended
or modified accordingly.

SECTION 17. Effectivity. - This Act shall take effect fifteen (15) days
following the completion of its publication in the Official Gazette or in

newspaper of general circulation.

Approved,