NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S. No.
Z- 
Cl Ihr t" " ft jn*
*22 JUL12 PI 52
3'.
INTRODUCED BY SENATOR JOSEPH VICTOR "JV" G. EJERCITO
AN ACT
PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH WORKERS
EXPLANATORY NOTE
The 1987 Constitution provides, in Article II, Section 15: "The State shall protect 
and promote the right to health of the people and instill health consciousness among 
them." If the State is indeed to be true to its duty, then it follows that the health and 
well-being of ail Filipinos must be secured and preserved, regardless of their position or 
status in life.
Barangay Health Workers (BHWs) are the government's infantry; the ground 
forces mobilized to carry on its health agenda. They are the first line of defense in the 
recent spread of the pandemic and for the longest time, the first degree of government 
help felt by our people. Immunizations, dental checks and information dissemination 
would be a burdensome task if not for the dedication of BHWs. They are heroes in their 
own right, risking their own safety to serve our people.
Enacted in 1995, Republic Act No. 7883 or "The Barangay Health Workers' Benefits 
and Incentives Act of 1995" provides benefits and allowances to BHWs. While the law 
recognizes and acknowledges the service of BHWs through institutionalized benefits, the 
threat of whimsical termination surrounds in the course of their performance of their 
duties and responsibilities. In order to address this, the proposed bill provides that a duly
1


accredited and appointed BHWs can only be terminated for just cause and after due 
hearing.
No amount of monetary consideration can equal the service and dedication of our 
BHWs. However, let this be a way for us to honor and appreciate them. Let us ensure 
that our BHWs are properly recognized and compensated. Afterall, if not for our BHWs, 
the swift, efficient and responsible delivery of our health services would be close to 
Impossible.
The swift passage of this bill shall stand as yet another proof that the State takes 
seriously its task of promoting the health of every Filipino by strengthening and 
safeguarding the rights of our BHWs.
T3<cr ■
JOSEPH VICTOR "JV" G. E3ERCITO


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
396
S. No. °
72 JUL12 PI 53
1
INTRODUCED BY SENATOR JOSEPH VICTOR "JV" G. EJERCITO
AN ACT
PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH WORKERS
Be it enacted by the Senate and the House of Representatives of the Philippines, in 
Congress assembled:
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Section 1. Short Tide. - This Act shall be known as the "Magna Carta ofBarangay
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Health Workers".
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Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
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protect and promote the right to health of people and adopt an integrated and
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comprehensive approach to health development. Pursuant thereto, it shall endeavor to
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make essential goods, healthcare, and other social services available to all the people. In
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line with the country's commitment to accomplish health indicator targets under United
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Nations' Millennium Development Goals (MDGs), the State shall adopt policies that
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promote the welfare and well-being of barangay health workers who are the forefront of
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the delivery of healthcare at die grassroots level, and which shall effectively harness their
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potential as partners in development.
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Sec. 3. Definition. - As used in this Act, the term "barangay health worker" refers
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to a person who has undergone training under any accredited government and
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nongovernment organization and who voluntarily renders primary healthcare services in
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the community after having been accredited to function as such by the local health board


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in accordance with the guidelines promulgated by the Department of Health (DOH)
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pursuant to Section 3 of Republic Act No. 7883 otherwise known as the "Barangay Health
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Workers' Benefits and Incentives Act ofl995."
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Sec. 4. Registration. — Barangay health workers (BHWs) shall be registered with
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the local health board in the city or municipality in which they render service. The
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registered health workers shall be given appropriate proof of said registration.
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The municipal and city health offices shall regularly maintain and update the BHW
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Registry with the assistance of the BHW Federation and shall submit the same to the
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municipal or city health board. The local health offices shall submit a copy of their
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respective updated BHW registry to the Provincial Health Office which shall consolidate
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all registries. Upon the validation of the Provincial BHW Federation, 
the consolidated
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Provincial Registry shat! be submitted to the Provincial Health Board, and the same shall
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be posted in the municipal or city bulletin boards and barangay health centers.
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The Provincial BHW Registry shall be submitted on or before April 30 of every year
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to the DOH at the regional and national levels for consolidation. The DOH is hereby
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mandated to maintain a national register of BHWs.
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In order to qualify for registration, a barangay health worker must:
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(a) Have rendered basic community health care services continuously and
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satisfactorily for at least six (6) months immediately preceding the date of
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the filing of application for registration in the barangay as certified by the
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Rural Health Midwife (RHM) or public health nurse assigned to the barangay
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and by the head of the barangay health workers association;
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(b) Have completed the basic orientation and training for BHWs as prescribed
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by the DOH and conducted by an accredited government agency, or DOH-
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recognized academic institution, or nongovernmental organization (NGO);
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(c) Be at least eighteen (18) years of age at the date of the filing of the
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application for registration; and,
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(d) Be physically and mentally fit.


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It shall be the duty of the municipal and city health offices, in cooperation with the
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Provincial Health Office and DOH, to provide the BHW applicants with basic orientation
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and training within six (6) months from the date of approval of their application.
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Sec. 5. Accreditation. -To further professionalize the health care services rendered
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by the BHWs and ensure the health and welfare of the community, a duly registered BHW
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must be accredited by the municipal or city health board.
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The municipal or city health board shall issue the certificate of accreditation to
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qualified BHWs. In order to qualify for accreditation, the applicant BHW must;
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(a) Be registered in accordance with Section 4 hereof;
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(b) Have completed in the locality at least two (2) years of continuous and
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satisfactory service immediately prior to the filing of application for
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accreditation;
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(c) Have completed a regular training program on health care service and
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community-based health program, that would upgrade and develop the
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skills and competency of BHWs to perform their roles. The training program
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shall be institutionalized by the DOH, in cooperation with local government
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units (LCDs).
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It shall be the duty of the municipal and city LGUs, in cooperation with the
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provincial government and the DOH, to provide the applicant BHWs the necessary support
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and opportunities for accreditation.
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A BHW must complete the regular training program on health care service and
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community- based health program within five (5) years from registration.
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The municipal and city health boards or through their registration and accreditation
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committee shall act on the applications for accreditation of BHWs not later than thirty
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(30) days from the date of application.
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The DOH shall also maintain an updated roster of accredited BHWs that is
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accessible to the general public.
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Sec. 6. Number and Roie of Barangay Health Workers. - Notwithstanding the
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limitations prescribed under Section 325(a) of Republic Act No. 7160, as amended.


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otherwise known as "The Local Government Code of 1991", each barangay shall at least
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have one (1) BHW for every twenty (20) households.
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Sec. 7. Mandatory Appointment of Barangay Health Worker (BHW). - There shall
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be appointed at least one (1) BHW in every barangay for every twenty (20) households
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who shall he under the supervision and control of the DOH. The BHW so appointed shall
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coordinate closely with the local government health officer in the implementation of
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health programs in the locality. As far as practicable, the BHW to be employed must be
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a resident of the barangay.
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The DOH shall determine the ratio of barangay health workers according to the
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number of households: Provided, That there shall be at least one (1) BHW for every
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twenty (20) households: Provided, further. That the total number of barangay health
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workers nationwide shall not be less than one percent (1%) of the total population.
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No person duly accredited and appointed as a BHW shall be removed except for a
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valid cause to be determined by the DOH through the Local Health Board (LHB); Provided,
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That if found to be unjustly removed from service, a BHW shall be entitled to
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reinstatement without loss of benefits and incentives from the time of termination up to
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the time of his reinstatement. The LHB shall resolve termination cases against a BHW
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judiciously not later than ninety (90) days from the receipt of a complaint.
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Sec. 8. Incentives and Benefits. - All BHWs who are actively and regularly
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performing their duties shall be entitled to monthly honoraria in the amount of not less
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than Three thousand pesos (P3,000.00) subject to adjustment based on the prevailing
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market value, in addition to the following incentives and benefits:
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(a) Privileges for the BHWs. - All accredited BHWs shall be entitled to twenty
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percent (20%) discount on all the items enumerated under Section 4(a) of
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Republic Act No. 9994 otherw/ise known as the "Expanded Senior Citizens
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Act of 2010": Provided, That the privileges shall not be claimed if the BHW
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is eligible for a higher discount that may be granted by the commercial
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establishment or other existing laws.
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The commercial establishment may claim the discount granted under
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this Section as tax deduction based on the cost of goods sold or services


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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 
(PI,000.00) per month, subject to existing laws, rules, and regulations;
(c) Subsistence Allowance. - Ail 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 (PIOO.OO) per day;
(d) Transportation Allowance. - Ail accredited BHWs, in the performance of 
their official duties, shall be entitled to a transportation allowance of not 
less than One thousand pesos (PI,000.00) per month, subject to auditing 
rules and regulations;
(e) 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 cities;
(f) 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


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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.


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The LCDs 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 concerned. 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 rules 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;
0) 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) Disabiiity 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.
(l) CiviiService Eiigibiiity. - 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.
(m) Free Legai 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; and


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(n) Preferential Access to Loan Facilities. -The DOH in coordination with other
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concerned government agencies shall provide, within one hundred eighty
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(180) days after the effectivity of this Act, a mechanism that shall provide
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organized BHWs access to loan services. The agencies providing loan
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services will set aside one percent (1%) of their loanable funds for
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organized BHW groups that have community-based income generating
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projects in support of health programs or activities.
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Sec. 9. Review by the Local Health Board. — Every incentive or benefit for BHWs
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requiring expenditure of local funds shall be reviewed and approved by the LHB. Such
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benefits and incentives may be increased, upon review of die LHB, after considering,
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among others, the present Consumer Price Index (CPI) as published by the Philippine
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Statistics Authority (PSA)."
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Sec. 10. Discrimination Prohibited. - Discrimination against any BHW by reason of
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gender, civil status, creed, religious or political beliefs and ethnic groupings in the exercise
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of their functions and responsibilities is hereby prohibited.
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Sec. 11. Protection of BHWs. —The municipal, city, provincial governments and
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the Department of the Interior and Local Government (DILG) shall establish a grievance
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mechanism as a means of processing complaints of BHWs against alleged acts of
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discrimination and unjust removal from the service. A BHW may appeal their grievances
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to the DILG.
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Sec. 12. Right to Self-organization. - A BHW shall have the right to freely form,
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join or assist organizations to obtain redress of their grievances through peaceful
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concerted activities, in a manner not contrary to law, and with utmost regard to service
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to patients and the continuous operation of barangay health services in the interest of
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public health, safety, or survival of patients.
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Sec. 13. Representation in the Local Health Board and Primary Health Care
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Provider Network. -The president of the municipal or city association of BHWs shall be a
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member of the municipal or city local health board. The presidents of the association of
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BHWs of each component city and municipality associations of a province shall elect from
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among themselves their representative to the provincial health board: Provided. That,


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the BHW representatives to the health boards shall not be allowed to vote on the
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registration, accreditation and disciplinary or removal complaints of BHWs.
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The BHWs shall also form part of the healthcare provider network and shall
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participate in the implementation of healthcare services and programs.
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Sec 14. Continuous Capacity Building for BHWs. — The DOH shall conduct
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continuous capacity building for BHWs to enhance and upgrade their knowledge and
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skills, including training programs conducted online and in major Philippine dialects.
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The DOH shall, in coordination with TESDA and other concerned agencies shall
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also assist the LCDs in the development of education modules or materials that highlight
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the collective experiences and learnings of BHWs and the use of traditional and
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complementary medicine.
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The LGUs shall endeavor to establish their own training centers for their-BHWs-
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and other health workers in coordination with TESDA, NGOs, and other agencies
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concerned.
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The LGUs shall also implement a development program for BHWs that will allow
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diem to benefit from ladderized training as provided under Republic Act No. 10968,
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otherwise known as the "PQF Act," and Republic Act No. 10647, otherwise known as the
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"Ladderized Education Act of2014," including academic credits for health-related courses.
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Sec. 15. Penalty Clause. - Any local government official who violates any provision
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of this Act may be administratively and criminally charged in accordance with law.
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Sec. 16. Appropriations. —The amount necessary for the implementation of this
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Act shall be charged against the National Tax Allotment (NTA) of the LGUs, other local
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funds and the special health fund under Republic Act No. 11223 otherwise known as the
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"Universal Health Care Act".
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Sec. 17. Implementing Rules and Regulation. - The DOH and the DILG shall, in
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consultation with the DepEd, the CSC, the GSIS, and other concerned government
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agencies and nongovernmental entities, promulgate the rules and regulations to
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implement this Act not later than one hundred eighty (180) days from the effectivity of
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this Act.


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Sec. 18. Separability Clause. - If any portion or provision of this Act is declared
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invalid or unconstitutional, other provisions hereof shall remain in fill force and effect.
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Sec. 19. Repealing Clause. — Republic Act No. 7883 otherwise known as the
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"Barangay Health Workers' Benefits and Incentives Act of 1995" is hereby repealed. All
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laws, decrees, executive orders, rules and regulations, which are inconsistent with this
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Act are hereby repealed, or modified accordingly.
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Sec. 20. Effectivity. -This Act shall take effect fifteen (15) days after its publication
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in die Official Gazette or in a national newspaper of general circulation.
Approved,
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