NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

“2835

Introduced by Representative Ralph G. Recto

AN ACT
PROVIDING FOR BENEFITS, INCENTIVES, ALLOWANCES, AND OTHER
ENTITLEMENTS FOR BARANGAY HEALTH WORKERS, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The global pandemic brought about by COVID-19 has been a continuing
challenge to our health care system. Our experience since 2020 has shown the
importance of having a good primary health care system — one that is accessible,
efficient, effective, and capable of responding to the health care needs of the people
right in the community, especially during emergencies,

When the highly transmissible virus hit home, many people were caught off
guard and were at a loss on what to do and where to go. And, as the virus continued
to infect our households and communities, one person or one family at a time, fear
and confusion were amplified in the struggle of many Filipinos to survive the health
and economic crisis.

Our barangays being the basic units of government closest to the people were
‘once again tasked to provide the first response. The Barangay Health Emergency
Response Teams (BHERTs) which were born out of a dire necessity to combat the
SARS outbreak in 2003 were activated and strengthened to help people navigate the
public health care system. The BHERTs, the majority of which, consist of Barangay

1


Health Workers (BHWs) have been continuously serving as the first-line responders in
Our communities to help manage all COVID-19-related healthcare concerns, Our
tireless BHWs also take care of disseminating health protocol guidelines and updates.
to their assigned households while at the same time monitoring infected patients,
including those locally stranded individuals and returning residents who are in
mandatory quarantine. In many cases, they also act as contact tracers. These
responsibilities make them vulnerable to infection as they are exposed to the virus
while doing their work every day.

In addition to the pandemic-related tasks, our BHWs are also providing public
health services like first aid intervention in barangay health stations and assistance in
immunization of infants, children, and senior citizens. At the same time, they act as
‘on-call first responders to health emergencies in the barangay.

And yet, despite the immense task imposed on them, our BHWs are still
considered voluntary workers and they rank the lowest, among all civil servants, in
terms of incentives, benefits, and privileges enjoyed and received.

This bill is filed in recognition of the invaluable contribution of our BHWs in the
delivery of much-needed health care services at the grassroots. It mandates the
provision of a menu of incentives, benefits, and allowances as well as non-monetary
compensation currently provided to our BHWs under existing laws.

Moreover, the bill provides additional benefits to BHWs such as death and burial
benefits, emergency assistance, loyalty award, and legal indemnification, among
others. It also directs a mandatory review of the BHWs' benefits, incentives, and
allowances every three years to take into account inflation.

To finance these benefits, the necessary funding shall be sourced from the
additional proceeds arising from the share of local government units in the national
taxes collected by the Bureau of Customs following the decision of the Supreme Court
in Mandanas vs. Executive Secretary, G.R. No. 199802 dated July 3, 2018.



These interventions are proposed to honor our BHWs for all the valuable
services they render to the community. These will build a strong foundation for a good
primary health care system in the country by maintaining a motivated and competent
corps of BHWs in every barangay. These are our meaningful contributions to taking
care of those who ensure the health and well-being of Filipinos whether in normal

conditions or in times of crisis.

In light of the foregoing, immediate passage of the bill is earnestly sought.

Jonksbe



NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

* 2835

Introduced by Representative Ralph G. Recto

AN ACT
PROVIDING FOR BENEFITS, INCENTIVES, ALLOWANCES AND OTHER
ENTITLEMENTS FOR BARANGAY HEALTH WORKERS, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

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

Section 1. Tit#e. - This Act shall be known as the “Barangay Health Workers
Benefits Act.”

Sec. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
protect and promote the right to health of the people and to provide conditions for
health empowerment, where each individual has access to information and services
that will bring about health and well-being. The Primary Health Care approach which
is embodied in the Universal Health Care Act is recognized as the major strategy
toward health empowerment by providing accessible and acceptable health services
at the grassroots level. In fine with this policy and cognizance of the crucial role of
Barangay Health Workers as front liners in primary health care, the State shall ensure
the promotion of their rights and welfare and the faithful performance of their duties
and functions, through the recognition of their rights as civil servants and the provision
of remuneration, benefits, allowances and other entitlements commensurate to the
service they render to the country.

Sec. 3. "Barangay Health Worker (BHW)” — A BHW shall refer to a person who
has undergone training programs under any accredited government and non-
government organization and who voluntarily renders primary health care services in
the community after having been accredited to function as such by the local health

1


7
18
19
20

board in accordance with the guidelines promulgated by the Department of Health
(DOH). The accredited BHW shall be given a copy of the proof of said accreditation.

Sec. 4. Coverage. - This Act shall apply to all BHWs as defined in Section 3 of
this Act: Provided, That when the BHW receives a fixed salary under a permanent
appointment in any other government office, by election to another public office or by
employment in the private sector, their coverage under this Act shall automatically
cease and they shall then be covered under other appropriate laws.

Sec. 5. Registry. ~The local health boards shall maintain and update a registry
of accredited BHWs in their respective local government units (LGUs) and shall submit
an updated copy thereof to the DOH every year. The DOH shall maintain a national
registry of BHWs which shall serve as the reference of the national government in
crafting health policies and in implementing health care programs. The registry shall
be the basis for the release of appropriations for the payment of honoraria and the
remittance of mandatory contributions to GSIS, PhillHealth and PagIBIG Fund as
provided in Section 7 of this Act.

Sec. 6. Number of BHWs. ~The DOH, in consultation with the Department of
the Interior and Local Government (DILG) shall determine the ideal ratio of BHWs to
the number of households per barangay: Provided, That the total number of BHWs
nationwide shall not be less than one percent (1%) of the total population.

Sec. 7. Incentives, Benefits and Allowances. ~ BHWs shall be entitled to the
following:

a. Honoraria— BHWs shall receive a monthly honoraria of not less than Three

thousand pesos (P3,000.00);

b. Membership in the Government Service Insurance System (GSI5) ~ The

GSIS shall establish a social insurance program to provide life insurance and
social protection to BHWs. It shall be mandatory for barangay governments
to pay the monthly contributions to life insurance, retirement, and social
protection coverage of their respective BHWs.

Barangay governments shall include in their annual appropriations the
amounts necessary for their share of contributions;


10
11
2
B
4
15
16
v
18
19
20
21
2
23
24
25
26
27
28
29
30
3

32

- Enrolment in the National Health Insurance Program of the Philippine Health

Insurance Corporation — BHWs shall be enrolled into the National Health
Insurance Program in accordance with existing laws, rules and regulations.
Barangay governments shall include in their annual appropriations the
amounts necessary for their share of contributions;

|. Membership in the Home Development Mutual Fund - BHWs shall be

covered under the mutual provident savings system of the Home
Development Mutual Fund (PagIBIG Fund);

Barangay governments shall include in their annual appropriations the
amounts necessary for their share of contributions;

. Hazard Allowance — BHWs who render service in areas declared under a

state of calamity or emergency shall be entitled to a hazard allowance
equivalent to ten percent (10%) of their monthly honoraria until such
declaration has been lifted by a competent authority;

Subsistence Allowance, ~ BHWs who render services in barangay health
stations located in geographically isolated and disadvantaged areas shall be
entitled to a daily subsistence allowance amounting to not less than One
hundred pesos (P100.00);

Transportation Allowance - BHWs shall be entitled to a monthly
transportation allowance amounting to not less than One thousand pesos
(P1,000.00): Provided, That for official travel such as attendance in
seminars, conferences and transportation of patients outside of their
respective barangays, the travel expenses shall be shouldered by the
Barangay government concerned and shall not be deducted from the travel
allowance of BHWs: Provided, further, That BHWs shall be entitled to a ten
percent (10%) discount in transportation fare during their incumbency;

. Emergency assistance ~ BHWs shall be entitled to an emergency assistance

amounting to Five thousand pesos (P5,000.00) for expenses incurred during
health emergenci
‘Sick, vacation and maternity or paternity leave - BHWs shall be entitied to
sick, vacation and maternity or paternity leaves as may be prescribed by
the Barangay governments: Provided, That BHWs shall continue to receive



10
rt
2
B
4
45
16
v7
18
19
20
2
2
23
24
25
26
7
28
29
30
31

their monthly honoraria and other allowances applicable, while on
authorized leave of absence;

Christmas bonus or cash gift - BHWs shall receive a Christmas bonus or
cash gift which shail not be less than their monthly honoraria once a year;

. Death and Burial Benefits — In the event of the death of BHWs during their

incumbency, they shall be entitled to death and burial benefits amounting
to Twenty-five thousand pesos (P25,000.00) to be paid to their respective
legal beneficiaries.

In addition to the death benefits herein provided, a burial benefit of Two
thousand pesos (P2,000.00) shall be paid to the beneficiaries of BHWs
within twenty-four (24) hours after written notice and satisfactory proof of
death.

In case the death of a BHW occurred by reason, or on the occasion of the
performance of official duties and functions, the legal beneficiaries of the
BHW concerned shall be entitled to twice the death and burial benefits
provided herein;

Loyalty Award —BHWs shall be given a loyalty award for every five (5) years
of continuous and meritorious service rendered, as recommended and
certified by the punong barangay concerned or by the local health boards.
A loyalty incentive which shall not be less than the BHW's monthly honoraria
along with a Certificate of Appreciation shall be provided to qualified BHWs;

\. Training, Education and Career Enrichment Program - BHWSs shall be

prioritized in all relevant training and education opportunities as well as
career enrichment programs of the DOH, Commission on Higher Education,
Technical Education and Skills Development Authority, Department of
Education and other government agencies concerned;

. Qvil Service Eligibility - Qualified BHWs shall be conferred with the

appropriate civil service eligibility in accordance with existing laws, rules and
regulations: Provided, That when a BHW becomes a regular employee of
the government, the total number of years served as a BHW shall be
included in the computation of retirement benefits;


10
11
2
B
14
15
16
7
18
19
20
2a
22
2B
24
25
26
7
28
29
20

31

0. Legal Indemnification - BHWs shall be entitled to an equitable legal
indemnification package in the form of legal assistance and other forms of
legal protection and indemnification for all legal costs and expenses
reasonably incurred in any administrative, civil, or criminal action, suit or
proceeding to which they have been made a party by reason of the
performance of their official functions or duties unless they are finally
adjudged in such action or proceeding to be guilty of an offense;

p. Employment Preference in Agencies and Instrumentalties of Government —
Qualified BHWs shall be accorded preferential treatment in employment
with national government agencies, LGUs, or government-owned or -
controlled corporations, subject to the minimum standards and guidelines
prescribed by the CSC, and in accordance with existing laws, rules and
regulations; and

4. Other benefits, incentives and allowances ~ Other benefits, incentives and
allowances not enumerated in this Act may be provided by the LGUs subject
to the availability of funds.

Sec. 8. Periodic Review. ~ The local health boards shall conduct a mandatory
review of all benefits, incentives and allowances enumerated in this Act every three
(3) years taking into consideration the current Consumer Price Index as published by
the Philippine Statistics Authority.

Sec. 9. Security of Tenure. — ‘The services of accredited BHWs shall! not be
coterminous with elected barangay officials, except in cases where there is a valid
cause under existing laws and after due process: Provided, That if a BHW, upon
appeal, is found by the CSC to be unjustly dismissed from service, the said BHW shall
be entitled to reinstatement without loss of incentives, benefits and allowances from
the time of termination up to the time of reinstatement: Provided, further, That the
CSC shall resolve termination cases against BHWs not later than ninety (90) days upon
receipt of complaints.

Sec. 10. Prohibition Against Discrimination. — Discrimination against a BHW due
to gender, civil status, creed, religion, political affifiation and beliefs or ethnic

groupings is prohibited.


Sec. 11. Appropriations. - The amount necessary for the implementation of the
provisions of this Act shall be sourced from the share of LGUs from the national taxes
collected by the Bureau of Customs (BOC) based on the collection of the third fiscal
year preceding the current fiscal year: Provided, That in the event that such amount
is insufficient to effectively implement the provisions of this Act or when the amount
exceeds the limitations on Personnel Services as provided in Section 331(b) of Republic
Act No. 7160, as amended, otherwise known as the “Laca/ Government Code of 1991",
the Sangguniang Barangay concerned shall formulate a mechanism to prioritize and
adjust the benefits, incentives and allowances provided under this Act.

Sec. 12. Implementing Rules and Regulations. - Within thirty (30) days upon
the effectivity of this Act, the Department of Budget and Management (DBM) and the
DILG, in coordination with the DOH, CSC, Liga ng mga Barangay, and other
government agencies concerned, shal promuigate the necessary implementing rules
and regulations for the effective implementation of this Act.

Sec. 13. Separability Clause. ~ If any provision, section or part of this Act shall
be declared unconstitutional or invalid, such judgment shall not affect, invalidate or
impair any other provisions, sections or parts thereof.

Sec. 14. Repealing Clause. - iI laws, acts, decrees, executive orders,
issuances, and rules and regulations or parts thereof which are contrary to and
inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec, 15. Effectivity. — This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation or in the Official
Gazette.

Approved,