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

HOUSE OF REPRESENTATIVES
H. No.2869

Introduced by Representative Raul C. Tupas

AN ACT TO ESTABLISH THE MAGNA CARTA FOR BARANGAYS
EXPLANATORY NOTE

This bill seeks to establish a Magna Carta for Barangays. 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. It also serves as a forum wherein
the collective views of the people may be expressed, crystallized and considered, and where
disputes may be amicably settled.

At present, barangay officials are considered as Sangguniang members that receive
honoraria instead of regular salaries. It is high time that we provide our barangay officials with
just compensation and benefits to motivate them to effectively and efficiently perform their
governmental functions as delineated under the Local Government Code.

This bill proposes the following:

a. Recognize barangay officials as regular government employees with fixed salaries,
allowances, insurance, medical and dental coverage, retirement benefits and such
other fringe benefits for which a regular employee may be entitled to;

b. Promote the welfare of the barangays by providing appropriate basic services and
facilities such as regular supply of clean and potable water, public transportation,
schools, health centers and barangay halls in order to meet the requirements of
their local constituents;

. Automatic release of share from the national taxes;

|. Mandatory share of barangays in taxes, fees and other charges;

. Equitable share of the barangay from the proceeds of the utilization and
development of national wealth;

Establishment of a Botika sa Barangay (BSB)

. Proper garbage collection & segregation at the barangay level

. Priority in employment of residents; and
Encouragement of cooperative enterprises

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The proposed bill is part of the priority legislative agenda of the Duterte administration
as mentioned by the President in his Fourth State of the Nation Address.

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

RAUL Loe TUPAS


Cavausune

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

HOUSE OF REPRESENTATIVES
H. No.

Introduced by Representative Raul C. Tupas

AN ACT TO ESTABLISH 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.”

SECTION 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.

SECTION 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 problem
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

SECTION 4. The Barangay Officials as Regular Government Employees. - The
Punong barangay, sangguniang barangay members, the kabataang barangay
chairman, 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.


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SECTION 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
each, an amount equivalent to seventy-five percent (75%) of the salary of a
‘sangguniang bayan member of each municipality.

Ill. BASIC PRIORITIES IN THE BARANGAY

‘SECTION 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 maybe, 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.

SECTION 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.

SECTION 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

SECTION 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.

SECTION 10. 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

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from persons residing in the barangay or entities whose offices and/or manufacturing
plant is located within the barangay.

SECTION 11. 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 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, 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.

V. SUNDRY MATTERS

SECTION 12. Botika sa Barangay. - There shall be established a barangay drugstore
or botika sa barangay (BSB) in every barangay, giving priority to barangays on the basis
of population, poverty incidence, extent of medical and health care and/or services,
geographical conditions, financial and other socio-economic factors. The Department of
Health shall undertake prior consultations with the barangay and municipal council that
in the establishment of a BSB, highest priority shall be given to those economically
depressed barangays.

SECTION 13. Proper Garbage Collection. - Segregation and collection of solid waste
Shall be conducted at the barangay level specifically for biodegradable, compostable
and reusable wastes.

SECTION 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.

SECTION 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.

VI. ADMINISTRATION AND ENFORCEMENT

SECTION 16. Rules and Regulations. - The Secretary of Department of Interior and
Local Government in coordination with the Secretary of the Department of Health 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 or general circulation
and by such other means as the Secretary of Local Government deems reasonably
Sufficient to give interested parties general notice of such issuance.


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SECTION 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.

SECTION 18. Penal Provision. - Any person who shall wilfully 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 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 the
government service.

SECTION 19. 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.

SECTION 20. Separability Clause. - |f any provisions of this Act are declared invalid,
the remainder or any provisions thereof not affected thereby shall remain in force and
effect.

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

Approved,