Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 3656

Introduced by: REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

The term "barangay health worker" (BHW) refers 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 board in accordance with the guidelines promulgated by the
Department of Health. Based from said definition, BHWs are trained persons
who voluntarily act as health educators, community organizers and primary
health care providers in local communities. BHWs are frontliners of health care
system in the country and they play a vital role in the society. However, BHWs
receive meager allowances despite the altruism that they provide for their local
communities. Our BHWs deserve more.

In an effort to promote and improve the social well-being and welfare of
BHWs, this Bill seeks to provide incentives and benefits for them in exchange for
the valuable service that they provide the country. Providing them with such is
a step forward to in guaranteeing their enhanced quality of life which they most
definitely deserve.

In view of the foregoing, the passage of this Bill is earnestly sought.

dare Lonvakez


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 3856

Introduced by: REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT PROVIDING FOR THE MAGNA CARTA OF BARANGAY
HEALTH WORKERS

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
of Barangay Health Workers”.

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the
State to protect and promote the right to health of people and adopt an integrated
and comprehensive approach to health development, and pursuant thereto, it
shall endeavor to make essential goods, healthcare and other social services
available to all the people. In line with the country’s commitment to accomplish
health indicator targets under United Nations sustainable development goals,
the State shall adopt policies that promote the welfare and well-being of barangay
health workers who are at the forefront of the delivery of health care at the
grassroots level, and effectively harness their potential as partners in
development.

SEC. 3. Definition. — As used in this Act, the term “barangay health
worker’ refers to a person who has undergone training under any accredited
government or non-government organization (NGO), and who voluntarily renders
primary healthcare services in the community after having been accredited to
function as such by the local health board.

SEC. 4. Coverage. - This Act shall apply to all barangay health workers
(BHWs) as defined under Section 3 of this Act: Provided, That all incentives and
benefits granted under this Act shall extend only to duly accredited BHWs, who
have undergone at least two (2) years of training: Provided, however, That duly
registered barangay health workers shall be entitled to a monthly honoraria and


hazard allowance as provided in Sec. 9 herein: Provided, further, That when the
BHW receives a fixed salary under a permanent appointment in any government
office, by election to another public office or by employment in the private sector,
coverage under this Act shall automatically cease and the BHW shall be covered
under applicable laws.

SEC. 5. Registration. - All BHWs shall be registered with the local health
board in the city or municipality in which they render service. Registered BHWs
shall be given appropriate proof of said registration.

The municipal and city health offices shall regularly update and maintain
the BHW Registry with the assistance of the BHW Federation. The BHW Registry
shall be subject to the approval of the municipal or city health board. The local
health offices shall submit a copy of the updated and duly approved registry to
the Provincial Health Office for consolidation and validation with the assistance
of the Provincial BHW Federation, which shall also be subject to the approval of
the Provincial Health Board. The Provincial BHW Registry shall be posted in the
municipal or city bulletin board and barangay health centers.

The Provincial BHW Registry shall be submitted on or before April 30 of
every year to the Department of Health (DOH) at the regional and national levels
for consolidation. The DOH is hereby mandated to maintain a national registry
of BHWs.

In order to qualify for registration, a Barangay Health Worker must:

{a) Have rendered basic community health care services continuously and
satisfactorily for at least six (6) months immediately preceding the date of
the filing of application for registration in the barangay as recommended
by the Rural Health Midwife (RHM) or public health nurse assigned to the
barangay and by the head of the barangay health workers association and
certified by the Sangguniang Barangay;

(b)

Have completed the basic orientation and training for BHWs as prescribed
by the DOH and conducted by an accredited government agency, or DOH-
recognized academic institution, or (NGO);

Be at least cighteen (18) years of age at the date of the filing of the
application for registration; and,

(ec)

(d) Be physically and mentally fit.

It shall be the duty of the municipal and city health offices, in cooperation
with the Provincial Health Office and the DOH, to provide BHW applicants basic
orientation and training within six (6) months from the date of approval of their
application.


SEC. 6. Accreditation. - To further professionalize the health care
services rendered by the BHWs and ensure the health and welfare of the
community, a duly registered BHW must be accredited by the municipal or city
health board.

‘The municipal or city health board shall issue a certificate of accreditation
to qualified BHWs. In order to qualify for accreditation, the applicant BHW must:

(a) Be registered in accordance with Section 5 hereof;

(b) Have satisfactorily undertaken the role of a BHW in the locality as provided
for in Section 7 hereof, for at least two (2) years of continuous and
satisfactory service immediately prior to the filing of application for
accreditation;

(c) Have completed a regular training program on health care service and
community-based health program in order to upgrade and develop the
skills and competency required of a BHW. The training program shall be
institutionalized by the DOH, in cooperation with local government units
(LGUs).

It shall be the duty of the municipal or city government, as the case maybe,
in cooperation with the provincial government and DOH, to provide the applicant
BHWs the necessary support and opportunities for accreditation.

ABHW must complete the regular training program on health care service
and community-based health program within five (5) years from registration.

The municipal and city health boards or through their registration and
accreditation committee shall act on the applications for accreditation of BHWs
not than later thirty (30) days from the date of application.

The DOH shall also maintain an updated roster of accredited BHWs that
is accessible to the general public.

SEC. 7. Roles, and Duties and Responsibilities of Barangay Health
Workers. - As one of the key partners in a reformed health care delivery system,
the DOH and LGUs shall support BHWs as they perform the following roles:

(a) Advocate - to support, promote and champion current health
programs, projects, and activities to improve access to quality health
services towards the improved health status of the community;

(b) Educator - to guide and advise the community on the current DOH
and health priorities of LGUs such as the importance of a birth plan


and facility-based delivery in reducing maternal and infant deaths;
newborn screening for the early detection of congenital metabolic
disorders which may leads to mental retardation and even death,
among others;

() Disseminator - to maintain regular communication with local
professional health workers on health events and updates and
concerns relevant to the community and inform the same to the
community for appropriate action, if necessary;

(d) Linker - to facilitate access to any group or association of the
community with a relevant network of or specific health and non-
health service providers;

(c) Record Keeper - to maintain updated records of health data, health
activities and events in the community;

()) Health Care Service Provider - to assist and provide basic health
care services as may be needed in the community in any health
event.

The BHW shall perform the following duties and responsibilities:

(a) Height and weight monitoring, and reporting the same to the
barangay;

(b) Monitoring and following up of defaulted cases of immunization,
family planning, tuberculosis compliance to treatment and others,
and reporting the same to the barangay;

(c) Reporting to the barangay any incidence of disease or any health
cases in the community;

(d) Communicating and coordinating with the community to participate
in barangay health center activities;

(e) Gathering of data about overall status of health of the community;
(), Administering first aid;

(g) Conducting health visits;

(h) Conducting birth planning for pregnant women;

(i) Conducting health education;


() Strengthening referral systems;

(k) Collecting sputum;

(l) Identifying people with disease and sickness;

(m) Community health profiling;

(n) Psychosocial debriefing for stress and post-calamity initiatives;
(0) Responding in natural calamities and disasters; and

(p) Coordinating closely with the local government health officer in the
implementation of health programs in the locality.

SEC. 8. Number of Barangay Health Workers (BHWs). - Subject to
relevant laws, and in coordination with relevant government agencies and
respective local government units, the number of BHWs in every barangay shall
be guided by and based on the particular need of the barangay for BHW services.

‘The DOH shall determine the ideal ratio of barangay health workers to the
number of households: Provided, That the total number of barangay health
workers nationwide shall not be less than one percent (1%) of the total
population.

The residents of the barangay must be given preference in the employment
of BHWs.

SEC. 9. Incentives and Benefits. - All accredited BHWs who are actively
and regularly performing their duties and responsibilities shall be entitled to the
following incentives and benefits:

(a) Monthly Honoraria in the amount of not less than Three thousand
pesos (P3,000.00), subject to adjustment based on the prevailing
market value;

(b) Hazard Allowance in an amount to be determined by the local health
board of the LGU concerned, which in no case shall be less than One
thousand pesos (1,000.00) pe month, subject to existing laws, rules,
and regulations;

(c) Subsistence Allowance equivalent to the meals they take in the course
of their duty, which shall be computed in accordance with prevailing
conditions as determined by the LGU concerned, which in no case shall
be less than One Hundred Pesos (P100.00) per day: Provided, That the
accredited BHW shall render service within the premises of isolated


barangay health stations in order to make it available at any and all
times;

(d) Transportation Allowance of not less than One Thousand Pesos
(P1,000.00) per month, subject to auditing rules and regulations, on
the condition that the availment of transportation services are in line
with the performance of the BHW’s official duties and responsibilities;

(e) One-time Gratuity Cash Incentive of not less than Ten Thousand Pesos
(P10,000.00) in recognition of the BHW’s loyalty and dedication and for
having continuously and satisfactorily served for at least fifteen (15)
years;

() Discount Privileges for BHWs. ~ All BHWs shall be entitled to twenty
percent (20%) discount on all the items enumerated under Section 4(a)
of Republic Act No. 9994, otherwise known as the Expanded Senior
Citizens Act of 2010. Provided, that the privileges shall not be claimed
if the BHW is eligible for a higher discount as may be granted by the
commercial establishment and/or other existing laws.

The commercial establishment may claim the discount granted under
this section as tax deduction based on the cost of goods sold or services
rendered. Provided, that the discount shall be allowed as deduction
from the gross income for the same taxable year that the discount is
granted. Provided further, that the total amount of the claimed tax
deduction net of VAT, if applicable, shall be included in their gros sales
receipt for tax purposes and shall be subject to proper documentation
and to the provisions of the National Internal Revenue Code of 1997, as
amended.

(g) Training, Education, and Career Enrichment Programs. - The DOH
shall, in coordination with the Department of Education (DepEd),
Commission on Higher Education (CHED), Technical Education and
Skills Development Authorit (TESDA), DOH-recognized academic
institutions, other concerned agencies and non-government
organizations, provide information on and opportunities for education
and career enrichment for accredited BHWs, such as the following:

1) Educational programs which credit the years of primary health
care service of the BHW towards higher education completion in
institutions with step-ladder curricula, thus allowing them to
upgrade their skills and knowledge fo community work or to
pursue further training as midwives, pharmacists, nurses or
doctors;


2) Continuing education, study and exposure tours, grants, field
immersion, scholarships; and

3) Special training programs such as traditional medicine, disaster
preparedness and other programs that address emergent
community health problems and issues.

(h) Health Benefits. - During their incumbency, all BHWs are entitled to
the following health benefits:

1) Free medical care, including surgery and surgical expenses,
medicines, x-ray and other laboratory fees, when confined in any
public hospital or health institution;

2) Emergency assistance not exceeding the amount of five thousand
pesos (P5,000.00) chargeable against the fund of the barangay
concerned, for expenses incurred in the nearest private hospital
or clinic in case of extreme emergency where there is no available
public hospital;

3) Mandatory and immediate membership in the Philippine Health
Insurance Corporation (Philhealth) as indirect contributors.

(i) Insurance Coverage. - All BHWs shall be granted insurance coverage
and benefits from the Government Service Insurance System (GSIS) which shall
be borne by the LGU concerned. For this purpose, the GSIS shall design an
insurance benefit package suited to the needs and status of BHWs;

() Sick and Maternity Leaves. - All BHWs shall be entitled to sick and
maternity leaves as prescribed by the Local Health Board: Provided, that, the
BHWs shall continue to receive their monthly honoraria while on leave, for such
period in accordance with existing laws and practices;

(k) Cash Gift — All accredited BHWs are entitled to cash gift of not less than
the minimum monthly honoraria to be given every December from the general
fund of the barangay or from such other funds appropriated by the national
government for the purpose;

()) Disability Benefit - An accredited BHW who becomes permanently and
totally disabled within the contemplation of the GSIS law and pertinent
regulations, in the course of the performance of their duties shall be entitled to
Two thousand pesos (P2,000.00) fo every year of service;

(m) Civil Service Eligibility. — A second grade eligibility shall be granted to
accredited BHWs who have rendered five (5) years continuous service as such:
Provided, That, should a BHW become a regular employee of the government,


the total numbers of years served as such shall be credited to the BHWs service
in computing the retirement benefits;

(n) Free Legal Services. - Legal representation and consultation services
shall be immediately provided by the Public Attorney’s Office to an accredited
BHW in cases of coercion, interference, and in other civil and criminal cases filed
by or against BHWs arising out of or in connection with the performance of their
duties as such;

(0) Preferential Access to Loan. - The DOH in coordination with other
concerned government agencies shall provide, within one hundred eighty (180)
days after the effectivity of this Act, a mechanism that shall provide BHWs
organized access to loan services. The agencies providing loan services will set
aside one percent (1%) of their loanable funds for organized BHW groups that
have community-based income generating projects in support of health
programs or activities.

Notwithstanding the limitations under this section, all registered BHWs
shall be entitled to monthly honorariaand hazard allowance.

The LGUs concerned shall also endeavor to provide other health benefits
to BHWs not otherwise provided by law.

SEC. 10. Annual Review. — The local health boards shall conduct an
annual review of the BHW program, performance, as well as the benefits,
incentives and allowances enumerated in the immediately preceding Section
taking into consideration the current consumer price index as published by the
Philippine Statistics Authority.

SEC. 11. Discrimination Prohibited. — Discrimination against any BHW
by reason of gender, civil status, creed, religious, or political beliefs and ethnicity
in the exercise of their functions and responsibilities is hereby prohibited.

SEC. 12. Protection of BHWs. - No accredited BHW shall be removed
except for a valid cause as determined by the Local Health Board (LHB). The LHB
shall resolve termination case against BHWs judiciously and not later than
ninety (90) days from the receipt of a complaint: Provided, That if a BHW is found
to be unjustly removed from service, the BHW shall be entitled to reinstatement
without loss of benefits and incentives from the time of termination up to the
time of reinstatement.

SEC. 13. Grievance Mechanism. - The LHB shall establish a grievance
mechanism as a means of processing complaints of BHWs against alleged acts
of discrimination and unjust removal from the service. The decisions rendered
by the LHB shall be final and executory.


SEC. 14. Municipal, City, Provincial, and National Federation of
BHWs. - There shall be an organization of accredited BHWs for the purpose of
electing the municipal, city, provincial, and national-level federation in order to
ventilate, articulate, and crystalize issues affecting health care delivery system
and with utmost regard to service to patients and the continuous operation of
barangay health services in the interest of public health, safety, or survival of
patients.

The BHW federation for municipalities, cities, and provinces shall elect
their respective local federation boards of directors, and a set of national officers
to comprise the national board of directors to be headed by a president. A
Secretary-General shall be chosen from among the national federation members
to manage the day-to-day operation and activities of the federation. The
respective boards of directors may create such other positions as may be
necessary for the management of the affairs of the local and national federation.

SEC. 15. Representation in the Local Health Board and Primary
Health Care Provider Network. - The President of the municipal or city
federation of BHWs shall be a member of the municipal or city local health board.
The respectivepresidents of the federation of BHWs of each city and municipality
federation of a province shall elect from among themselves their representative
to the provincial health board: Provided, That the BHW representatives to the
local health boards shall not be allowed to vote on the registration, accreditation,
and disciplinary or removal complaints of BHWs.

The BHWs shall also be part of the health care provider network, in the
implementation of health care services and programs.

SEC. 16. Prohibition from Engaging in Partisan Political Activity. -
No BHW shall engage in any partisan political activity.

SEC. 17. Continuous Capacity Building for BHWs. - The DOH shall
conduct continuous capacity building for BHWs that will enhance and upgrade
their knowledge and skills through various forms including online learning and
multimedia in major Philippine dialects

The DOH shall, in coordination with TESDA and other concerned agencies,
assist the LGUs in the development of education modules or materials to promote
the collective experiences and learnings of BHWs as well as to promote
traditional and complementary medicine.

The LGUs shall endeavor to establish their own training centers for their
BHWs and other health workers in coordination with the TESDA, NGOs, and
other agencies concerned.


The LGUs shall also implement a development program for BHWs that will
allow them to benefit from the ladderized training as provided under Republic
Act No. 10968, otherwise known as the Philippine Qualifications Framework Act,
and Republic Act No. 10647, otherwise known as the Ladderized Education Act
of 2014, including academic credits for health-related courses.

SEC. 18. Observance of BHW Day. - Every barangay shall commemorate
BHW Day during April 7 of every year in recognition of the service of Barangay
Health Workers, their heroic services in times of crises, and their indispensable
role in promoting health and wellness among the citizenry.

The DOH, in cooperation with the Department of the Interior and Local
Government (DILG) and all local government unitsshall hold simple ceremonies
or activities to highlight the indispensable role of BHWs in nation-building.

SEC. 19. Penalty Clause. - Any local government official who violates any
provision of this Act may be administratively and criminally charged in
accordance with law.

SEC. 20. Appropriations. - The amount necessary for the
implementation of this Act shall be charged against the National Tax Allotment
of the LGUs, other local funds, the special health fund under Republic Act No.
11223, otherwise known as the “Universal Health Care Act”.

SEC. 21. Implementing Rules and Regulation. —- The DOH and the DILG
shall, in consultation with the DepEd, CSC, GSIS, and other concerned
government agencies and non governmental entities, promulgate the rules and
regulations to implement this Act not later than one hundred eighty (180) days
from the effectivity of this Act.

SEC. 22. Separability Clause. - If any portion or provision of this Act is
declared invalid or unconstitutional, other provisions hereof shall remain in full
force and effect.

SEC. 23. Repealing Clause. - Republic Act No. 7883, otherwise known
as the “Barangay Health Workers’ Benefits and Incentives Act of 1995” is hereby
repealed. All laws, decrees, executive orders, rules and regulations, which are
inconsistent with this Act are hereby repealed or amended or accordingly.

SEC. 24. Effectivity. - This Act shall take effect fifteen days (15) after its
publication in the Official Gazette or in a national newspaper of general
circulation.

Approved,