Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Nineteenth C ongress
First Regular Session
HOUSEBILL.`ho1`::       5228
Introduced by Rep. SANCHO FHRNANDO "ANDO" F. OAMINAL
EXPLANATORY NOTE
Republic   Act   No.   7160,   as   amended,   otherwise   known   as
the    Local    Government   Code   of   1991    bestowed   upon   barangays,
gargantuan  powers  and  responsibilities.  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,  and  as  a  forum  wherein  the  collective  views  of the  people
may  be  expressed,  crystallized and considered,  and where  disputes  may
be  amicably  settled".  It  is the  only  type  of local  government unit where
the Executive,  Legislative and Judicial powers rolled into one are vested.
Considering   the   important   role   that   barangays   perform,   the
government    must    grant    barangay     officials     with     corresponding
compensation, benefits  and other privileges in order to further motivate
them  to  effectively   and  efficiently  perform   their   vital   role   in   the
delivery  of  frontline  basic  services  to  the  community.
This    bill   therefore    seeks   to   provide   the   Magma   Carta    for
Barangays,  an  important  piece  of legislation  which  covers  wide-range
of  benefits   and  privileges   for   barangays   and   barangay   officials.


These  include  making  the  punong  barangay,  sangguniang  barangay
members,   kabataang  barangay   chairperson,   the  barangay   secretary
and   barangay   treasurer   as   regular   employees.   As   such,   they    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  receive.
Moreover,   this   bill   proposes   to   promote   the   welfare   of   the
barangays   by   providing   them   with   appropriate   basic   services   and
facilities   such   as   regular   supply   of  clean  and  potable  water,   public
transportation,  schools,  health  centers  and  barangay  halls  and  other
needs  of the  community.  It  also  contains  provisions  pertaining  to
the  automatic  release  of  internal  revenue  allotment  shares,  shares  in
the    proceeds     derived     from    the    utilization    of    national    wealth,
scholarship  grants  and  other matters  greatly  beneficial  to  the  residents
of the  barangays.
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Republic  of the  Philippines
HOUSH OF RHPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOusEB[L`Lrid.      5228
INTRODUCHD BY: REP. SANCHO FERNANDO ``ANDO" F. OAMINAL
AN ACT
PROVIDING FOR THE MAGNA CARTA FOR BARANGAYS
Be  it  enacted by  the  Senate  and House  of Representatives  of
the  Philippines  in Congress  assembled:
SECTION  I.  Srfeor/  ri.f/a.  -This  Act  shall  be  known  as the  ''M¢g#cr  Ccrr/cr
for Barangays."
SEC.  2.  Dcc/¢r¢f!.o#  a/ Po/z.cj7.  -  It  is  hereby  declared  the  policy  of  the
State  to  develop  and  improve  the  general  welfare  of residents  of barangays,  uplift
the   standard  of  living   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   and  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.  Toward  this  end,  every  barangay  shall  be  granted  authority  to  solve
its  problems  on  its  level,   and  the   spirit  of  volunteerism  shall  be  the  guiding
principle  in  pursuing  its  growth  and  development.
SEC.  3.   Barangay   Officials   as   Regular   Employees.   -The  punong
barangay,   sangguniang  barangay  members,  kabataang  barangay  chairperson,
the   barangay   secretary   and  barangay   treasurer   in   all   barangays   are   hereby
declared   regular   employees.   As   such,   they   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
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SEC.  4.  S¢/¢ri.cs.  -All  barangay  officials  mentioned  in  Section  3  of this  Act  are
entitled  to  fixed  salaries  not  exceeding  the  rate  equivalent  to  the  first  step  of  the
salary  grades  prescribed  under  Republic  Act  No.  6758,  as  amended,  otherwise
known   as   the   Compensation   and   Position   Classification   Act,   in   the   city   or
municipality  where  the  barangay  belongs:
Salary  Grade  18  -For the  punong  barangay;
Salary  Grade  15  -For  the  sangguniang  barangay  members,  barangay
secretary  and  barangay  treasurer;
SEC.  5.  Dri."*i.#g  W¢fer.  -  Every  barangay  shall  have  a  regular  supply  of
clean  and  potable   water.   For  this   purpose,   every   city   or   municipality,   shall
construct  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.
SEC.   6.    Tr¢Hsporf¢fJ.o#.   -   Every   barangay   shall   have   a   public
transportation  available  at  least  once  a  day.  For  this  purpose,  every  municipality
or   city,   shall   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_.   7.   Barangay   Halls,   Schools   and   Health   Centers.   -   Every
barangay  shall  have  one  (1)  barangay  hall,  one  (1)  health  center,  at  least  one  (1)
public  elementary  school,  and  one  (1)  public  high  school.
SE:C. 8. Automatic  Release  of Share  in  National  Taxes.  -The shaLre of the
barangays    in   the    national   taxes    shall    be    automatically    remitted   to    the
barangays  at  the  end  of the  calendar year.
F5nc. 9.  Transfer  of Funds for the Maintenance of Roads  and Bridges. -  A;+i
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   proper   disposition   by   the
barangay  officials.
SEC.  10.   Mandatory   Share   in  All   Taxes,   Fees   or   Other   CI.arges.   -
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  is  entitled  to
ten  percent  (10%)  in  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.
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SIC.11.  Share  in  the  Proceeds  of Natural  Wealth.  -Every  bairaingaiy  .is
entitled to  an  equitable  share  in the proceeds  from the  exploitation,  utilization  and
development of natural resources within its territory.  The amount of the 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.  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.
SEC.   12.  Scfoo/¢rsfe}.p   Gr¢#/.   -  Every  barangay   shall  offer  at  least  one  (1)
bachelor's   degree   scholarship   grant   annually   to   a  bona   fide   resident   of  the
barangay   who   must  top  the   competitive   examinations   given  by  the   barangay
scholarship  committee.  The  scholarship  committee  shall  be  created  composed  of
five  (5)  members  appointed  by  the scr#gg##z.cr#g b¢rcr#gcJ);,  with the  approval  of the
punong barangay.
The   scholarship   grant   includes   tuition   fees   and   all   other   school   fees,
reasonable   allowances   for   schoolbooks,   supplies   and   transportation,   and   other
expenses  as  the  barangay  may  deem  appropriate.
SEC.13. Pri.orj.fj; !.# Emp/a+7mc#/.  -Residents in the barangay shall have the
priority    in    the    hiring    of   workers    and    laborers    for    any    government
construction  or  development  projects  within  their respective  barangays.
SEC.   14.   Coapcr¢fl.tle  E#ferpri.se.   -  Every  barangay   shall  encourage  and
give   full   assistance   to   the   establishment   and   organization   of  cooperative
enterprises  and  to  take  every  possible  effort  to  make  cooperative  undertakings  a
way  of life  in the  barangay.
SEC.  15.   Implementing   Rules   and   Regulations.  The  Secreta,ry   of  the
Interior  and  Local   Government  shall,   in   consultation  with  the  Department  of
Budget  and  Management  (DBM)  promulgate  the  necessary  rules  and  regulations
for the effective implementation of this Act.
SEC.   16.  4ppraprJ.a/I.o#s.   -  The  amount  necessary  to  implement  this  Act
shall   be   charged   against   the   national   internal   revenue   taxes   and   Internal
Revenue  Allotment  Shares  of local  government  units  in the  following  manner:
a.   Fifty  percent  (50%)  -  from  the  national  internal  revenue  taxes  before
deducting   the   Internal   Revenue   Allotment   (IRA)   shares   of  local
government units;
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b.  Fifty percent (50%) -from the Internal Revenue Allotment (IRA)  shares of
local  government  units,  where  the  barangay  belongs,  to  be  deducted  in
the  following  manner:
I.           Thirty percent       (30%)  -from the barangay
11.          Fifty percent           (50%)  -from the  municipality  or  city
iii.        Twenty  percent    (20%)  -fromtheprovince
SEC.   17.  Pe"¢//jJ.  -  Any  person  who  willfully  interferes  with,  restrains  or
coerces  barangay  officials  or  residents  in  the  exercise  of  their  rights  guaranteed
under  this  Act,  or  who  in  any  other  manner  commits  any  act  to  defeat  any  of the
provisions  of this  Act  shall,  upon  conviction,  be  punished  by  a  fine  of not  less
than   Five   thousand   pesos   (P5,000.00)   nor   more   than   Ten   thousand   pesos
(Plo,000.00)  or  by  imprisonment  of  not  more  than  six  (6)  months,   or  both,
subject  to  the  discretion  of the  court.  If the  offender  is  a  public  official,  the  court
shall  order the  dismissal  of the  offender from  the  government  service.
SEC.   18.   Repe¢/I.rog   C/¢%se.   -   All   laws,   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.   19.  Sep¢r¢bi./I./j7  C/¢#sc.  -  If  any  provisions  of  this  Act  are  declared
invalid,  the  remainder  or  any  provisions  thereof not  affected  thereby  shall  remain
in force and effect.
SEC.  20. EJ]7ecfJ.t7;./);.  -This Act shall take effect fifteen (15) days after its
publication  in  the  O/orz.cz.cz/  Gcrze//e  or  in  a newspaper  of general  circulation.
Approved,
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