Republic of the Philippines
HOUSE OF REPRESENTATIVES,
QUEZON CITY

20" Congress
First Regular Session

House Bill No. 3927

Introduced by: REP. MARK CHOLO I. VIOLAGO

EXPLANATORY NOTE

Article II, Section 25 of the 1987 Constitution states that ~ “The State shall ensure the
autonomy of local governments.” The Local Government Code of 1991 recognizes the
important role of the barangay as it states that: "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, as a forum wherein the collective views of people
may be expressed, crystalized, and considered and where disputes may be amicably settled.”

‘The barangay is the basic unit of government, the closest to its constituents and the first
line of government service people turn to. Barangays play a vital role in local governance,
implementing government programs, fostering community participation, and resolving
disputes at the local level through mechanisms like the Katarungang Pambarangay

This bill seeks to strengthen and empower the barangay by providing for the Magna
Carta for Barangays. As frontliners in the delivery of services, barangays shall enjoy local
autonomy through the automatic release of their funds from the national government. They
shall likewise receive their mandatory share in the taxes, fees and charges collected within their
respective areas of jurisdiction, and financial support for the maintenance of roads and bridges
within their area.

This bill also gives due recognition to barangay officials as regular employees of
‘government with fixed salaries, allowances, insurance, medical and dental coverage, retirement
benefits and such other fringe benefits for which regular employees may be entitled to, instead
of just receiving honoraria. The barangay officials perform functions that they are deserving
of the benefits under this proposal.

In view of the foregoing, the immediate approval of this bill is eaméstly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
QUEZON CITY
20th Congress
First Regular Session

House Bill No. 3927

Introduced by: REP. MARK CHOLO I. VIOLAGO

AN ACT ESTABLISHING THE MAGNA CARTA FOR BARANGAYS

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

TITLE 1
DECLARATION OF POLICY, AND GENERAL PRINCIPLES

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 ensure 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.

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.

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


TITLE
BARANGAY OFFICIALS AS REGULAR GOVERNMENT EMPLOYEES,

Sec. 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.

Sec. 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 officials mentioned in paragraph 4 hereof shall be entitled to the following fixed
salaries:

a. Punong Barangay - An amount equivalent to the salary of a Sangguniang Bayan
member of his municipality;

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

c. Kabataang Barangay Chairman, Barangay Secretary, Barangay Treasurer - For cach,
an amount equivalent to seventy-five percent (75%) of the salary of a Sangguniang
Bayan member of his municipality.

TITLE 1
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.

See. 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.

TITLE 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 remit automatically to the barangays every end of the calendar year their
just 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 the proper disposition by the barangay officials.

Sec. 11. Mandatory Share of Barangays in All 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 the barangay or
entities whose offices and/or manufacturing plant is located within the barangay.

Sec. 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 its territory. The amount of barangay share shall be determined by the city or
municipality concemed after consultations with the concessionaires, the municipal or city
officials and barangay officials, taking into account the extent of the exposure of the barangay
residents to pollution, food and ecological imbalance: 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 also form part
of the general fund of the barangay.

TITLE 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 6 committee of five persons
appointed by the Sangguniang Barangay with the approval of the Punong Barangay after
‘competitive examinations are given to applicants who should be bona fide residents of the
barangay. The grant shall include tuition fees and all other school fees, reasonable allowances
for schoolbooks, supplies and transportation and other expenses as the barangay may deem
appropriate.



See. 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 for the establishment and
organization of said enterprises and to take every possible effort to make cooperative
undertakings a way of life in the barangay.

TITLE VI
ADMINISTRATION AND ENFORCEME!

Sec. 16. Rules and Regulations. - The Secretary of 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 Local Govemment deems reasonably sufficient to give
interested parties general notice of such issuance.

Sec. 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 and retirement
benefits and other fringe benefits of barangay officials, 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 barangay resident in the exercise of his or her 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
(P500.00) nor more than Two Thousand Pesos (P2,000.00), 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.

Sec. 19. Separability Clause. - If any provision of this Act is declared unconstitutional,
the same shall not affect the validity of the other provisions of this Act.

Sec. 20. Repealing Clause. - All laws, decrees, orders, rules, and regulations or other
issuances or parts inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Sec. 21. Effectivity - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in any two (2) newspapers of general circulation in the Philippines.

Approved,