Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTII CONGRESS
Second Regular Session
HOuseBiiiNO.m60
RECEIVEb'+L2\\
DATE Im  1 0 2ms;
:a"YE#ied
INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO,
|0CELYN P. TULFO, AND ERWIN T. TULFO
AN ACT ESTABLISHING THE MAGNA CARTA FOR BARANGAYS
EXPLANATORY NOTE
Pursuant to Section 384 of Republic  Act No.  7160, otherwise known as the
``Local Government Code of 1991", the barangay as a basic political unit serves as the
primary planning and implementing unit of government policies, plans, programs,
projects, and activities in the community. It also serves as a forum where collective
views of the people may be expressed and considered, and where disputes may be
amicably settled.
Recognizing the pararhount importance of strengthening our barangays, this
proposed  legislative  measure  aims  to  provide  a  comprehensive  framework  to
empower barangays,  enabling them to fulfill  their mandate more effectively and
efficiently and addressing the various challenges they face by instituting key reforms,
such as: (1) the regularization of barangay officials as government employees entitled
to fixed salaries, allowances, insurance,  and  other benefits;  (2)  the appointment of
barangay  tanods  in  every barangay  to  a permanent status  during the  appointing
administration;  (3) the strengthening of the delivery of basic services, especially in
health, education, and public safety, to ensure that every barangay can provide for the
essential needs of its residents; and (4) the enhancement of administrative and fiscal
autonomy of barangays to foster more responsive and accountable local governance.
Thisbillacknowledgestheneedforasupportivelegislativeframeworkthatcan
unleash   the   potential   of   barangays   to   serve   as   effective   conduits   of   social
transformation and development. By establishing the Magna Carta for Barangays, we
lay  down the foundation for a  strengthened barangay  governance system that is
capable, empowered, and responsive to the needs of the community.
In view of the foregoing, the urgent passing of this bill is earnestly sought.


RALPH#EL P. TULFO
Representative
2nd District of Quezon City
JOCEL
ACT-CIS Partylist


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Setsion
House Bill No.10160
INTRODUCED 8¥ REPRESENTATIVES RALPH WrENDEL P. TULFo,
|0CELYN P. TULFO, AND ERWIN T. TULFO
AN ACT ESTABLISHING THE MAGNA CARTA FOR BARANGAYS
Be it enacted by the Senate and t]re House of Representatives of tire Plrilippines in Congress
assembled:
I - TITLE, DECLARAHON OF POLICY, AND GENERAL PRINCIPLES
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8           SECTION  1.  S7!orf n.fJc.  -  This  Act  shall  be  known  as  the  `'Magna  Carta  for
9      Barangays".
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11           SEC. 2. Dccharflfz.art a/PoJi.ey. -It is the policy of the state to promote, develop and
12      improve the general welfare of barangay residents, raise the economic an-d social status
13      of barangay officials, grant every barangay the basic facilities for decent, healthy, and
14      comfortable life, and provide new measures that will inspire its enjoyment of local
15      autonomy to ensure the effective performance of its role as the primary plarming and
16      implementing unit of government programs, projects, and activities, and as a forum in
17      which the collective views of the people in the community may be crystallized and
18      considered.
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20           SEC. 3. Gericr¢J pr}.rict.pies. -The following are the general principles of this Act:
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22           (a) The national government shall give more attention to the development of the
23                 barangay, as it is the base of this country's governance and economy.
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@) Every  barangay  shall  be  given  the  authority  and  capability  to  address  its
challenges on its level.
(c) Self-help  or  people  power  shall  be  the  guiding  principle  in  all  barangay
development projects.
11 - BARANGAY OFFICIALS
SEC.  4. Barangay  Officials  as  Regular  Govern::men± Employees.  - The P\iromg
9      Barangay, Sangguniang Barangay members, the sangguniang Kabataan chairperson,
10      the  Barangay  Secretary,  and  the  Barangay  Treasurer  in  all  barangays  are  hereby
11      declared regular employees, and, as such, are entitled to fixed salaries, allowances,
12      insurance, medical and dental coverage,  retirement benefits, and such other fringe
13      benefits to which a regular government employee may be entitled to.
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15           SEC.  5.  S¢Zfl!rfes  a/ B¢rfl#grgr  o#z.ct.¢Zs.  -As  soon as  the  appropriate  steps  and
16      measures  are  undertaken  by  each  city  or  municipality  in  coordination  with  the
17      individual  barangay  involved  on matters  relating  to  the  sources  of fund  and  the
18      corresponding appropriation ordinance, which in no case shall be later than six (6)
19      months from the approval hereof, all barangay officials mentioned in section 4 hereof
20      shall be entitled to the following fixed salaries:
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(a) Punong Barangay - An amount equivalent to the salary of a Sangguniang Bayan
or Panlungsod member of his/her municipality or city;
®) Sangguniang  Barangay  Members  -  An amount equivalent to  eighty  percent
(80%) of the salary of a Sangguniang Bayan or Panlungsod member of his/her
municipality or city; and
(c) Sangguniang Kabataan Chairperson, Barangay Secretary, Barangay Treasurer -
For each, an amount equivalent to seventy~five percent (75%) of the salary of a
Sangguniang Bayan or Panlungsod member of his/ her municipality or city.
SEC. 6. Appointment, Selection, and Benefits Of Barangay Tanods. - There s:hall be
32      barangay tanods in every barangay who shall maintain peace and order and enforce all
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1      laws and ordinances relative to the protection of lives and properties in their respective
2      barangays.  The  San8guniang  Barangay  shall,  through  a  resolution,  determine  the
3      appropriate number of barangay tanods needed in their respective barangay.
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5          The appointment and selection Of barangay tanods shall be done by the Punong
6      Barangays with the concurrence of the majority of the members of the sangguniang
7      Barangay concerned in accordance with merit and fitness: Prcojdedy That no person shall
8     be appointed barangay tanod urdess he or she is a citizen of the philippines, a resident
9      of the barangay concerned, of good moral character, and of sound mind:  Prozjz.did,
10     ¢rf/zcr, That patronage or partisan considerations shall not be a basis for such selection
11      andappointment.
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13          Barangay tanods shall be appointed to a permanent status during the administration
14      of the sangguniang barangay which appointed them.
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Barangay tanods shall receive the following benefits and privileges:
(a) Honoraria, allowances, and such other emoluments as may be authorized by law
or barangay, municipal, or city ordinance in accordance with the provisions of
Republic Act No. 7160, but in no case shall it be less than Six H.undred Pesos
(Php600.00) per month;
ap) Christmas bonus Of at least One Thousand Pesos @hFT,000.00) each, the funds
for which shall be taken from the general fund of the barangay or from such other
funds appropriated by the national government for the purpose;
(c) Insurance  coverage  which  shall  include,  but  not  limited  to,  temporary  and
permanent disabhity, double indemnity, accident insurance, death, and burial
benefits;
(d) Free medical care including subsistence, medicines, and medical attendance in
any government hospital or institution: ProzJf.did, That such hospital care shall
includesurgeryorsurgicalexpenses,medicines,x-rays,1aboratoryfees,andother
hospital experues; and
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1           (e) Exemption during their incumbency from paying tuition and matriculation fees
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for their legitinate dependent cluldren attending state colleges or universities.
He lmy likewise avail of such educational benefits in a state college or university
located within the province or city to which the barangay belongs.
Ill - BASIC PRIORITIES IN THE BARANGAY
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8           SEC. 7. Drfukffig wflfer/or Et7cf'[/ Bar¢#g¢y. -It is the right of every barangay to
9      have a regular supply of clean and potable water. To attain this goal, every city or
10      municipality, as the case may be, is hereby required to construct or maintain at least one
11      (1) facility for drawing drinkingwater to supply the needs of every one thousand (1,000)
12      residents for each barangay within its jurisdiction.
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14           SEC. 8. Trfl#spor£¢f{.ori/or ft7ei`[/ BflrH#gry. -It is also the right of every barangay to
15      have  public  transportation  available  at  least  once  a  day.  For  this  purpose,  every
16      municipality or city, as the case may be, should make such necessary representations
17      before  the  appropriate  government  agencies  to  require  public  utility  companies
18      operating  primarily  within  its  jurisdiction  to  provide  the  minimum  means  of
19      transportation in every barangay.
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21          SEC. 9. Schools, Health cente:rs, and Barangay Halls f or the Barangays. -Ewery
22      barangay is entitled to have at least one (1) kindergarten and at least one (1) elementary
23      school: ProzJz.did, That there shall be at least one high school for every five (5) kilometers
24      from the barangay center. It shall also be the right of every barangay to have one (1)
25      health center and one (1) barangay hall.
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IV - MEASURES TO ASSURE THE ENJOYMENT OF LOCAL AUTONOMY
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Z9           SEC. TO. Automatic Release  of share from National Taxes.  -The shLare of eaich
30      barangay from all national taxes shall be release, without need of further action, directly
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to the Barangay Treasurer. The national taxes to be included in the base for computing
the just share of bararigays shall include, but not limited to, the following:
(a) The national internal revenue taxes enumerated in Section 21 of the National
Internal Revenue Code  (NIRC),  as  amended, collected by  the Bureau  of the
lnternal Revenue and the Bureau of Customs @CX=);
@) Tariff and customs duties collected by the Bar;
(c) 60% of the national taxes collected from the exploitation and development of the
national wealth;
(d) The remaining 40%  of the national  taxes collected from the exploitation and
development of the national wealth shall exclusively accrue to the host Local
Government Units (LGUs) pursuant to Section 290 of Republic Act No.  7160,
otherwise known as the "Lcx=al Government Code";
(e) 85% of the excise taxes collected from locally manufactured Virginia and other
tobacco products;
(I)  The remaining 15 % shall accrue to the special purpose funds created by Republic
Act No. 7171, or "An Act to Promote the Development of the Farmer in the
Virginia Tobacco Producing Provinces'', and Republic Act No. 7227, otherwise
known as the ``Bases Conversion and Development Act of 1992'';
(g) The entire 500/o of the national taxes collected under Sections 106, ro8, and 116 of
the NIRC, as amended, as provided under Section 283 of the same Code;
qu) 5% Of the 25% franchise taxes given to the National Government under Section 6
of  Republic  Act  No.  6631,  or  ``An  Act  Granting Manila Jockey  Club,  Inc.,  a
Franchise to Construct, Cperate and Maintain a Race Track for Horse Racing in
the City of Manila or in the Province of Bulacan", and Section 8 of Republic Act
No. 6632, or ``An Act Granting the Philippine Racing Club, Inc., a Franchise to
Operate and Maintain a Race Track for Horse Racing in the Province of Rizal";
and
(i)  The appropriate sharing for the Bangsamoro Autonomous Region in Muslim
Mindanao under Republic Act No. 11054.
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1          SEC. T1. Trausf er of Funds to Barangay f or the Maintenance of Roads and Bridges.
2      - All public funds appropriated from the National Treasury for the maintenance of
3      barangay roads and bridges and other similar constructions shall be transferred or
4      remitted directly to the general fund of every barangay for the proper disposition by
5      their barangay officials, subject to auditing laws, rules, and regulations.
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7          SBC. T2. Mandatory share of Barangays in All Taxes, Fees, or other charges. -
8      Twenty-five percent (25%) of all taxes collected on real property lcx:ated within the
9      barangay shall be considered barangay funds and shall be allocated in accordance with
10      existing laws. In addition thereto, each barangay shall be endtled to ten percent (10%)
11      from all other forms of taxes, fees, penalties, compromises, or other charges collected
12      from persons residing in the barangay or entities whose offices and/or manufacturing
13      plant is lch:ated within the barangay.
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T5          SEC. T3. Equitable share of the Barangay f rom the proceeds of the utilization and
16      I)c77c!ap»#e#f a/ Nflf!.o#flJ WcflJffe. -Every barangay shall be entitled to an equitable
17      share of the proceeds derived from the exploitation, development, and utilization of
18      natural wealth within its territory. The amount of barangay share shall be determined
19      by the city or municipality concerned after cousultatious with the concessionaires, the
2o      municipal or city officials and barangay officials, taking into account the extent of the
21      exposure  of  the  barangay  residents  to  pollution,  flood,  and  ecological  imbalance:
22      P7iurtz.decz, That this equitable sharing rate for each barangay shall be resolved by all
23      parties concerned not later than six (6) months from the approval of this Act. Revenues
24      derived from this source shall also form part of the general fund of the barangay.
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V - MISCELLANEOUS BENEFITS
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28           SEC.14. SchoharsJ#.p Gfi¢#£. -Every barangay shall sponsor at least one scholarship
29      grant every year leading to any bachelor degree to be awarded by a committee of five
30      (5) persons appointed by the sangguniang Barangay with the approval of the punong
31      Barangay after competitive examinations are given to applicants who should be bona
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1      fide residents of the barangay. The grant shall include tuition fees and all other school
2      fees,  reasonable  allowances  for  schoolbooks,  supplies,  transportation,  and  other
3      expenses as the barangay may deem appropriate.
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5           SEC.15. Pr!.art.rty I.# £"pJogrf"c#f.  -Residents in every barangay shall have the
6      priority  in  the  hiring  of  workers  and  laborers  to  be  needed  in  any  government
7      construction or development projects within the barangay.
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9           SEC.16. Coapc#fl£{.z7c £#fexp#.sc. -Cooperative enterprises in the barangay shall be
10      encouraged and every barangay is directed to give full assistance for the establishment
11      and  organization  of  said  enterprises  and  to  take  every  possible  effort  to  make
12      cooperative undertakings a way of life in the barangay.
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VI - ADMINISTRATION AND ENFORCEMENT
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16           SEC.17. Jrxpze#ic#fi.ng R#Zes owd Regr4Z¢£i.o#s. -The secretary of the Department of
17      Interior and Local Government (DILG) shall promulgate such rules and regulations as
18      may be necessary to implement the provisions of this Act. Rules and regulations issued
19      pursuant to this section shall take effect thirty (30) days after publication in a newspaper
20      of general circulation and by such other means as the Secretary deems reasonably
21      sufficient to give interested parties general notice of such issuance.
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23           SEC.18.  B#dgefm'E/ £sf{.r#flfcs.  -The  Secretary  of the  DILG  shall  submit to  the
24      Congress the necessary budgetary estimates to implement the provisions Of this Act
25      concerning the allowances, insurance, medical,  dental, retirement, and other fringe
26      benefits of barangay officials, the basic priorities in the barangays, and the barangay
27      scholarship grant.
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29           SEC.19. Perc¢J proz)i.sz.o#. -Any person who shall willfully interfere with, restrain,
30      or coerce any barangay official or barangay resident in the exercise of his or their rights
31      guaranteed by this Act or who shall in any other manner commit any act to defeat any
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1      of the provisions of this Act shall, upon conviction, be punished by a fine of not less
2      than   Five   Hundred   Pesos   (Php500.00)   nor   more   than   Two   Thousand   Pesos
3      (Php2,000.00), or by imprisonment of six (6) months and one (1) day, or both, subject to
4      the discretion of the court.
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6           If  the  offender  is  a  public  official,  the  court  shall  order  his  dismissal  from  the
7      govemmentservice.
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9           SEC. 20. Repe¢jI.#g cJ¢usc. -AIL Acts and decrees, executive orders, implementing
10      rules and regulations, or parts thereof, inconsistent with the provisions of this Act are
11      hereby repealed, amended, or modified accordingly.
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13            SEC.  21.  Seyflr#Z7i.Zi.fry  Cha#sc.   -  If  any  provision  or  part  of  this  Act  is  held
14      uncoustitutional or invalid, the other provisions or parts thereof not affected thereby
15      shall remainin force and effect.
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17           SEC. 22. £#ectt.I".fry. -This Act shall take effect fifteen (15) days after completion of
18      its publication in the official GaLzette or in any newspaper of general circulation.
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20            Approved,
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