RECEIVED
oarAUG 2 3
es

Republic of the Philippines
HOUSE OF REPRESENTATIVES Ta
Quezon City \

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4250

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT TO ESTABLISH THE MAGNA CARTA FOR BARANGAYS
EXPLANATORY NOTE

The barangay is the basic political unit under the Local Government Code, its role as stated in the
said Act involves planning and implementation government policies, plans, programs, projects,
and activities in the community. It is responsible for the delivery of basic government services.
Further, the barangay is also an instrument of grassroots governance. It serves as a forum
wherein the collective views of the people may be expressed, crystallized and considered and
where disputes may be amicably settied.

Pursuant to the policy of the State to guarantee and promote the autonomy of local government
units, the barangay needs to be empowered and capacitated to allow for its fullest development
as a self-reliant unit. It is also important to recognize the contribution of the main drivers of
barangays—the barangay officials, in public service delivery and nation-building.

To address these concerns, this proposed measure to be known as the Magna Carta for Barangays
seeks to: 1) declare barangay officials as regular government employees and provide them
benefits and privileges regular government employees may be entitled to; 2) promote the welfare
of the barangay through the provision of basic utilities and services; and 3) promote genuine and
meaningful local autonomy, through provision of appropriate measures such as automatic release
of share from national taxes, and mandatory share of barangays in taxes, fees and other charges,
among others.

My husband, former Congressman Gus Tambunting, was a co-author of a version of this measure
filed in the House during the 17 Congress. I acknowledge Senate Bill No. 2148 (17" Congress)
which served as my basis for this version. Let us work together to make our barangays efficient
and effective at the service of the Filipino people.

On behalf of the people of Parafiaque City’s Second District, and for the common, good of the
Filipino people, the approval of this measure is earnestly sought.

2nd District, Parafiaque City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4250
HOUSE BILLNO.

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT TO ESTABLISH THE MAGNA CARTA FOR BARANGAYS

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

I. TITLE, DECLARATION OF POLICY, AND GENERAL PRINCIPLES
SECTION 1. Short Title. — This Act shall be known as "The Magna Carta for Barangays.”

SECTION 2. Declaration of Policy. — It is the policy of the State to promote, develop and
improve the general welfare of barangay residents, raise the economic and social status of
barangay officials, grant every barangay the basic facilities for decent, healthy and comfortable
living therein and provide new measures that will inspire its enjoyment of local autonomy to
ensure the effective performance of its role as the primary planning and implementing unit of
government programs, projects and activities, and as a forum in which the collective views of the
people in the community may be crystallized and considered.

SECTION 3. General Principles. — The following are the general principles of this Act:

a. The national government shall give more attention to the development of the barangay,
as it is the base of this country's economy and the frontline provider of government
services.

b. Every barangay shall be given the authority and capability to solve its problems on its
level.

. Self-help or people power shall be the guiding principle in all barangay development
projects.

II. BARANGAY OFFICIALS AS REGULAR GOVERNMENT EMPLOYEES

SECTION 4, The Barangay Officials as Regular Government Employees. ~ The punong
barangay, sangguniang barangay members, the kabataang barangay chairperson, the barangay
secretary and barangay treasurer in all barangays are hereby declared regular employees, and
as such are entitled to fixed salaries, allowances, insurance, medical and dental coverage,
retirement benefits and such other fringe benefits to which a regular government employee may
be entitled to.


SECTION 5. Salaries of Barangay Officials. — As soon as the appropriate steps and measures
are undertaken by each city or municipality in coordination with the individual barangay involved
on matters relating to the sources of fund and the corresponding appropriation ordinance, which
in no case shall be later than six (6) months from the approval hereof, all barangay officals
mentioned in paragraph 4 hereof shall be entitled to the following fixed salaries:

. Punong Barangay - An amount equivalent to the salary of a Sangguniang Panlungsod
member, ifthe barangay forms part of a city, or that of a Sangguniang Bayan member,
if the barangay forms part of a municipality.

b. Six Sangguniang Barangay Members — For each, an amount equivalent to 80% of the
salary of a Sangguniang Panlungsod member, if the barangay forms part of a city, or
that of a Sangguniang Bayan member, if the barangay forms part of a municipality,

©. Kabataang Barangay Chairperson, Barangay Secretary, Barangay Treasurer - For each,
{an amount equivalent to 70% of the salary of a Sangguniang Panlungsod member, if
the barangay forms part of a city, or that of a Sangguniang Bayan ..ember, if the
barangay forms part of a municipality.

TIT. BASIC PRIORITIES IN THE BARANGAY

SECTION 6. Drinking Water for Every Barangay. — tis the right of every barangay to have
@ regular supply of clean and potable drinking water. To attain this goal, every city and
municipality, as the case may be, is hereby required to construct and/or maintain at least one
deep well with pumping device for drawing drinking water to supply the needs of every one
thousand residents for each barangay within its jurisdiction.

SECTION 7. Transportation for Every Barangay. — It is the right of every barangay to have
public transportation available at least once a day. For this purpose, every municipality or city, as
the case may be, should make such necessary representations before the appropriate government
agencies to require public utility companies operating within ‘ts jurisdiction to provide the
minimum means of transportation in every barangay. In the event no public utility company can
Possibly provide a daily means of transportation, the city or municipality of which the barangay
forms part of shall make the proper appropriations for the purchase of a barangay vehicle or
whatever form of transportation the barangay requires considering the circumstances of its
physical territory and surroundings.

SECTION 8. Health Centers and Barangay Halls for the Barangays. ~ It shall also be the
right of every barangay to have one health center and one barangay hall.

IV. MEASURES TO ASSURE THE ENJOYMENT OF LOCAL AUTONOMY

SECTION 9. Automatic Release of Share from National Taxes. — Tt shall be the duty of
the National Treasury to remit automatically to the barangays every end of the calendar year
their just share from the national taxes.

SECTION 10. Transfer of Fund to Barangay for the Maintenance of Roads and Bridges.
= All public funds appropriated from the National Treasury for the maintenance of barangay roads
and bridges and other similar constructions shall be transferred or remitted directly to the general
fund of every barangay for their proper disposition by the barangay officials.


SECTION 11. Mandatory Share of Barangays in All Taxes, Fees or Other Charges. ~
‘Twenty-five percent (25%) of alll taxes collected on real property located within, the barangay
shall be considered barangay funds and shall be allocated in accordance with existing laws. In
addition thereto, each barangay shall be entitled to twenty percent (20%) from all other forms
of taxes, fees, penalties, compromises or other charges collected from persons residing in the
barangay or entities whose offices and/or manufacturing plant is located within the barangay.

SECTION 12. Equitable Share of the Barangay from the Proceeds of the Utilization and
Development of National Wealth. — Every barangay shall be entitled to an equitable share of
the proceeds derived from the exploitation, development and utilization of natural wealth within

SECTION 14. Priority in Employment. — Residents in every barangay shall have the priority
Seve ing of workers and laborers to be needed in any government constructor
development projects within the barangay.

SECTION 17. Budgetary Estimates. - The Secretary of Department of Interior and Local
Government shall submit to the Congress the necessary budgetary estimates to implement the
provisions of this Act concerning the allowances, insurance, medical, dental arv retirement
benefits and other fringe benefits of barangay officals, the basic priorities inthe barangays and
the barangay scholarship grant.


SECTION 18. Penal Provision. — Any person who shall willfully interfere with, restrain or coerce
any barangay official or barangay resident in the exercise of his or their rights guaranteed by this
Act or who shall in any other manner commit any act to defeat any of the provisions of this Act
shall, upon conviction, be punished by a fine of not less than five hundred pesos nor more than
two thousand pesos, or by imprisonment of six months and one day, or both, subject to the
discretion of the court.

If the offender is a public official, the court shall order his dismissal from the government service
in addition to the abovementioned penalties.

SECTION 19. Repealing Clause. - All Acts and decrees, executive orders, implementing rules
and regulations or parts thereof, inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SECTION 20. Separability Clause. — If any provisions of this Act are declared invalid, the
remainder or any provisions thereof not affected thereby shall remain in force and effect.

SECTION 21. Effectivity, - This Act shall take effect fifteen (15) days after Publication in the
Official Gazette or in two (2) national newspapers of general circulation.

Approved,