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

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5375

Introduced by
Honorable DAVID C. SUAREZ,

Honorable ANNA MARIE VILLARAZA-SUAREZ and
Honorable ALETA C. SUAREZ

EXPLANATORY NOTE

This bill entitled an “Act providing for a Magna Carta for Barangays” will
provide the officials of barangays better pay and benefits and greater local autonomy.

This bill seeks to treat barangay officials as regular government employees,
meaning they will receive fixed salaries, allowances, insurance, medical and dental
coverage, retirement and other fringe benefits.

The Barangay officials currently does not receive fixed salaries and are only
entitled to honoraria and other allowances.

‘Apart from addressing the salaries of the barangay officials, the bill also
outlines the basic priorities in the barangay, namely maintaining a regular supply of
clean and potable water; providing public transportation for its constituents, and the
establishment of at least one elementary school, health center and barangay hall within
its jurisdiction.

To ensure the barangays enjoy local autonomy as envisioned by the Local
Government Code of the Philippines, the National Treasury is mandated to
automatically remit to the barangays their just share from national taxes at the end of
every calendar year.


Thus, the passage of this bill is earnestly sought.

DAVID © SUAREZ ANNA MARIE VILLARAZA-SUAREZ
2! DiMtrict, Quezol , ALONA Partylist

ALETA ar
3 Distfict, Que:


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

Eighteenth Congress
First Regular Session

HOUSE BILL NO. Beis)

Introduced by
Honorable DAVID C. SUAREZ,

Honorable ANNA MARIE VILLARAZA-SUAREZ and
Honorable ALETA C. SUAREZ

AN ACT
PROVIDING FOR A MAGNA CARTA FOR BARANGAYS

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

ARTICLE I
POLICY AND PRINCIPLES

Seetion 1. Short Title. ~ This Act shall be known as the “Magna Carta for Barangay
Act of 2019.”

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

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
barangays, as they are the country’s basic political units;

b.) Every barangay shall be given the authority and capability to handle its concems
on its level; and

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


ARTICLE I
BARANGAY OFFICIALS

Sec. 4. Barangay Officials as Regular Government Employees. — The punong
barangay, members of the sangguniang barangay, the sangguniang kabataan chairperson, the
barangay secretary and barangay treasurer in all barangays are hereby declared regular
government employees, and as such, are entitled to the salary, emoluments, allowances such
as hazard pay, representation and transportation allowance, personnel economic relief
allowance, productivity incentive bonus, clothing allowance and 13" month pay, and other
benefits such as insurance, medical and dental coverage, retirement benefits, and all other
fringe benefits to which a regular government employee may be entitled to.

See. 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 Section 4 hereof, shall be entitled to the following,
fixed salaries;

a.) Punong Barangay ~ An amount to the salary of a sangguniang bayan member of
his/her municipality or city;

b.) Members of the Sangguniang Barangay — An amount equivalent to eighty percent
(80%) of the salary of the sangguniang bayan member of his/her municipality or city; and

c,) Sangguniang Kabataan Chairperson, Barangay Secretary and Barangay Treasurer
— An amount equivalent to seventy-five percent (75%) of the salary of the sangguniang bayan
member of his/her municipality or city.

Sec. 6. Appointment, Selection and Benefits of Barangay Tanods. ~ There shall be
barangay tanods in every barangay who shall maintain peace and order, and enforce all laws
and ordinances relative to the protection of lives and properties in their respective barangays.
‘The sangguniang barangay shall, through a resolution, determine the appropriate number of
barangay tanods needed in their respective barangay.

The appointment and selection of barangay tanods shall be done by the Punong
Barangays with the concurrence of the majority of the members of the sangguniang barangay
concerned in accordance with merit and principle: Provided, The no person shall be
appointed barangay tanod unless he or she is a citizen of the Philippines, a resident of the
barangay concerned, of good moral character and of sound mind: Provided, further, That
patronage or partisan considerations shall not be a basis for such selection and appointment.

Barangay tanods shall be appointed to a permanent status during the administration of
the sangguniang barangay which appointed them.

a.) Honoraria, allowances, and such other emoluments as may be authorized by law or
barangay, municipal or city ordinance in accordance with the provisions of Republic Act no.
7160, but in no case shall it be less than Six hundred pesos (P600.00) per month;

b.) Christmas bonus of at least One thousand pesos (P 1,000.00) each, the funds for
which shall be taken from the general fund of the barangay or from such other funds
appropriated by the national government for the purpose;


c.) Insurance coverage which shall include, but shall not be limited to temporary and
permanent disability, double indemnity, accident insurance, death and burial benefits;

d.) Free medical care including subsistence, medicines, and medical attendance in any
government hospital or institution: Provided, That such hospital care shall include surgery or
surgical expenses, medicines, x-rays, laboratory fees, and other hospital expenses; and

e.) Exemption during their incumbency form paying tuition and matriculation fees for
their legitimate dependent, children attending state colleges or universities. He may likewise
avail of such educational benefits in a state college or university located within the province
or city to which the barangay belongs.

ARTICLE Ul
BASIC PRIORITIES IN THE BARANGAY

See. 7. Drinking Water for Every Barangay. — \t is the right of every barangay to
have a regular supply of clean and potable water. To attain this goal, every city or
municipality, as the case may be, is hereby required to construct or maintain at least one (1)
facility for drawing drinking water to supply the needs of every one thousand (1,000)
residents for each barangay within its jurisdiction.

Sec. 8. 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 appropriate
government agencies to require public utility companies operating primarily within its
jurisdiction to provide the minimum means of transportation in every barangay.

Sec. 9. Schools, Health Centers, and Barangay Halls for the Barangays. — As far as
practicable, every barangay is entitled to have at least one (1) kindergarten and at least one
(1) 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
(1) health center and one (1) barangay hall.

ARTICLE IV
MEASURES TO ASSURE THE ENJOYMENT OF LOCAL AUTONOMY

Sec. 10. Automatic Release of Share from National Taxes. — The share of each
barangay from all national taxes shall be released, without need of further action, directly to
the barangay treasurer. The national taxes to be included in the base for computing the just
share of barangays shall include, but not be limited to, the following:

a.) The national intemal revenue taxes enumerated in Section 21 of the National
Internal Revenue Code, as amended, collected by the Bureau on Internal Revenue and the
Bureau of Customs;

b.) Tariff and customs duties collected by the Bureau of Customs;

c.) 60% of the national taxes collected from the exploitation and development of the
national wealth.

1) The remaining 40% of the national taxes collected from the exploitation and
development of the national wealth shall exclusively accrue to the host Local Government
Units pursuant to Section 290 of Republic Act no. 7160 (Local Government Code);


€.) 85% of the excise taxes collected from locally manufactured Virginia and other
tobacco products.

£.) The remaining 15% shall accrue to the special purpose funds created by Republic
Act No. 7171 and Republic Act No. 7227;

g,) The entire 50% of the national taxes collected under Sections 106, 108 and 116 of
the NIRC as provided under Section 283 of the NIRC;

h.) 5% of the 25% franchise taxes given to the National Government under Section 6
of Republic Act no. 6631 and Section 8 of Republic Act No. 6632; and

i.) The appropriate sharing for the Bangsamoro Autonomous Region in Muslim
Mindanao under Republic Act No. 11054.

Sec. 11. Transfer of Funds 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 construction works shall be transferred or remitted
directly to the general fund of every barangay for their proper disposition by barangay
officials, subject to auditing laws, rules and regulations.

Sec. 12. 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 office or manufacturing plant is located within the barangay

Sec. 13. 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 barangay officials, taking into account the extent of the exposure of the
barangay residents to pollution, flood and ecological imbalance: Provided, That, this
equitable sharing rate for each barangay shall be resolved by alll parties concerned not later
than six (6) months from the approval of this Act.

Revenues derived from this source shall also from part of the general fund of the
barangay.

ARTICLE V
MISCELLANEOUS BENEFITS

See. 14. Scholarship Grant. — Every barangay shall sponsor at least one (1) college
scholarship grant every year 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 should 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.

See. 15. Priority in Employment. ~ Residents in every barangay shall have priority in
the hiring of workers and laborers to be needed in any government construction or
development project within the barangay.

Sec. 16. Cooperative Enterprise. — Cooperative enterprises in the barangay shall be
encouraged. 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

ARTICLE VI
ADMINISTRATION AND ENFORCEMENT

Sec. 17. Rules and Regulations. — The Secretary of the Interior and Local
Government shall promulgate such rules and regulation 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 newspaper of general circulation and by such
other means as the Secretary deems reasonably sufficient to give interested parties general
notice of such issuance.

Sec. 18. Appropriations. — The amount necessary to implement the provisions of this
Acct shall be included in the annual General Appropriations Act.

Sec. 19. Penal Provisions. — 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 (P500.00) nor more than two thousand pesos (P2,000.00), or by imprisonment
or six (6) months and one (1) day, or both, subject to the discretion of the court.

Sec. 20. Separability Clause. ~ If any provision of this Act is subsequently declared
unconstitutional, the validity of the remaining provisions hereof shall remain in full force and
effect.

See. 21. 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

Sec. 22. Effectivity. — This Act shall take effect fifteen days (15) after its complete
publication in at least two (2) newspapers of general circulation in the Philippines,

Approved,