Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

18t Congress
First Regular Session
i 4193

House Bill No.

Introduced by HON. RODRIGO A. ABELLANOSA

EXPLANATORY NOTE

This bill seeks te institutionalize the salaries and benefits of barangays
officials as well as the rights of each barangay. As the basic political unit, the
barangay serves as the primary planning and implementing unit of government
Programs, projects and activities. Its also the setting in which the collective opinions
of the people in the community may be introduced and deliberated on. Significant
measures need to be adopted to facilitate the performance of duties of its officials
and promote the barangay’s welfare and prosperity.

In recognition of the barangay’s role in nation-building, this measure proposes
that Sangguniang Barangay and Kabataan officials be considered as regular
government employees enjoying fixed salaries, allowances, insurance, medical and
dental coverage, retirement benefits, and other fringe benefits to which regular
government employees are entitled to. In doing so, we are creating a motivation for
the officials to efficiently and effectively carry out their responsibilities. It is also
expected that a reasonable and fixed periodic income for said officials shall serve as
a deterrent from corrupt acts and practices.

Further, mandating the funding and revenue entitlement of the barangays
also allow their governments to design and implement sustainable, adaptable, and
responsive programs and services that will ultimately redound to the benefit of their
constituents,

In view of the foregoing, immediate passage of this measure is earnestly
requested.

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RODRIGO A. ABELLANOSA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

18 Congress
| First Regular Session

4193
House Bill No.

Introduced by HON. RODRIGO A. ABELLANOSA

AN ACT
ESTABLISHING THE MAGNA CARTA FOR BARANGAYS

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 for
Barangays.”

SEC. 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 izplementing 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

SEC. 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.
b. Every barangay shall be given the authority and capability to solve its
problems on its level.
c. Self-help or people power shall be the guiding principle in all barangay
development projects.


Il. BARANGAY OFFICIALS AS REGULAR GOVERNMENT EMPLOYEES

SEC. 4. The Barangay Officials as Regular Government Employees. - The
punong barangay, sangguniang barangay members, the kabataang barangay
chairman, the barangay secretary, and the 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 other
fringe benefits to which a regular government employee may be entitled to.

SEC. 5. Salaries of Barangay Officials. — As soon as the appropriate steps are
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 officials mentioned in paragraph 4
hereof shall be entitled to the following fixed salaries:

Punong barangay - An amount equivalent to the salary of a sangguniang
bayan member of his city /municipality.

Six Sangguniang Barangay Members - An amount equivalent to eighty percent
(80%) of the salary of a sangguniang bayan member of his city /municipality.

Kabataang Barangay Chairman, Barangay Secretary, Barangay Treasurer -
For each, an amount equivalent to seventy-five percent (75%) of the salary of a
sangguniang bayan member of his city/municipality.

Ill. BASIC PRIORITIES IN THE BARANGAY

SEC. 6. Drinking Water for Every Barangay. It is the right of every barangay to
have a 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.

SEC. 7. Transportation for Every Barangay. - It is also 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 its jurisdiction to provide the minimum means of
transportation in every barangay.

SEC. 8. Schools, Health Centers, and Barangay Halls for the Barangays. -
Every barangay is entitled to have at least one elementary school, provided that there
shall be at least one high school for every five (5) kilometers from the barangay center.
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

SEC. 9. Automatic Release of Share from National Taxes. - It shall be the duty
of the National Treasury to automatically remit to the barangays every end of the
calendar year their share from the national taxes.

SEC. 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 bararigay officials.

SEC. 11. Mandatory Share of Barangays in Ail Taxes, fees, or Other Charges.
- Twenty-five percent (25%) of all 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 ten percent
(10%) from all other forms of taxes, fees, penalties, compromises, or other charges
collected from persons residing in or entities whose offices and/or facilities are
located within the barangay.

SEC. 12. Equitable Share of the Barangay from the Proceeds of the Utilization
and Development of National Wealth. - For the exploitation, utilization, and
development of natural resources within its territory every barangay shall be entitled
to an equitable share of the proceeds derived therefrom. the amount of barangay
share shall be determined by the city or municipality concerned after consultations
with the concessionaires, the municipal or city officials, and the barangay officials,
taing into consideration the extent of the exposure of barangay residents to pollution
and food and ecological imbalances: Provided, however, That this equitable sharing
rate for each barangay shall be resolved by all parties concerned not later than six
(6) months from the approval of this Act. Revenues derived from this source shall
form part of the general fund of the barangay.

V. SUNDRY MATTERS

SEC. 13. Scholarship Grant. - Every barangay shall sponsor at least one
scholarship grant every year leading to any bachelor degree to be awarded by a

committee of five (5) persons appointed by the Sangguniang Barangay with the ©

approval of the Punong Barangay after competitive examinations are given to
applicants who shall be bona fide residents of the barangay. The grant shall include
tuition fees and all other school fees, reasonable allowances for school books,
supplies, transportation, and other expenses as the barangay may deem appropriate.


SEC. 14. Priority in Employment. - Residents in every barangay shall have the
priority in the hiring of workers and laborers to be needed in any government
construction or development projects within the barangay.

SEC. 15. Cooperative Enterprise. Cooperative enterprises in the barangay shall
be encouraged and every barangay is directed to give full assistance to the
establishment and organization of said enterprises and to take every possible effort
to make cooperative undertakings a way of life in the barangay.

VI. ADMINISTRATION AND ENFORCEMENT

SEC. 16. Rules and Regulations. The Secretary of the Department of Interior
and Local Government shall promulgate such rules and regulations as may be
necessary to implement the provisions of this Act. Rules and regulations issued
pursuant to this Section shall take effect thirty (30) days after publication in a
national newspaper of general circulation and by such other means as the Secretary
of Interior and Local Government deems reasonably sufficient to give interested
parties general notice of such issuance.

SEC. 17. Budgetary Estimates. - The Secretary of Interior and Local
Government shall submit to Congress the necessary budget estimates to implement
the provisions of this Act concerning the allowances, insurance, medical, dental,
retirement, and other fringe benefits of barangay oflicials, the basic priorities in the
barangays, and the barangay scholarship grant.

SEC. 18. Penal Provision. - Any person who shall willfully interfere with,
restrain, or coerce any barangay official or 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 with 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
government service.

SEC. 19. Separability Clause. ~ if any provision or part hereof is declared
unconstitutional, the remainder of this Act or any provisions not affected shall
remain in full force and effect.

SEC. 20. Repealing Clause. — All laws, presidential decrees, executive orders,
rules and regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.


SEC. 21. Effectivity. - This Act shall take effect immediately after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved, i