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

TWENTIETH CONGRESS
First Regular Session

House Bill No._176

Introduced by Representative MARLESA “DOC MARLY” HOFER-HASIM

EXPLANATORY NOTE.

Article II, Section 15 of the 1987 Constitution declares that “The State shall protect and

promote the right to health of the people and instill health consciousness among them.”

Republic Act No. 7883, Section 3 defines Barangay Health Worker as 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

Barangay Health Workers (BHWs), who are in the forefront of providing primary care,

play a critical role in our society in this respect. For this reason, it is imperative that measures
which promote, develop and improve the general welfare of our Barangay Health Workers will be
provided by the government.

This proposed legislation seeks to recognize our diligent BHWs by providing them

incentives in recognition of their significant efforts in making health care more accessible, The
benefits provided to BHWs under Republic Act No. 7883 will also be increased by this measure,
including set honoraria and access to health insurance through the GSIS and Philhealth,

For the foregoing reasons, the approval of this bill is carnegily sought.

n
MARLESA “DOC MARLY” HOFER-HASIM
Representative, 2 District of Zamboanga Sibugay


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Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

TWENTIETH CONGRESS.

First Regular Session

House Bill No, 176

Introduced by Representative MARLESA “DOC MARLY” HOFER-HASIM

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. 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’
Millennium Development Goals (MDGs), the State shall adopt policies that promote the
welfare and well-being of barangay health workers who are the forefront of the delivery
of healthcare at the grassroots level, and which shall effectively harness their potential

as partners in development.


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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 and
nongovernment organization and who voluntarily renders primary healthcare 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 (DOH)
pursuant to Section 3 of Republic Act No. 7883 otherwise known as the “Barangay Health
Workers’ Benefits and Incentives Act of 1995.”

SEC. 4. Registration. - Barangay health workers (BHWs) shall be registered with
the local health board in the city or municipality in which they render service. The registered
health workers shall be given appropriate proof of said registration.

‘The municipal and city health offices shall regularly maintain and update the BHW
Registry with the assistance of the BHW Federation and shall submit the same to the
municipal or city health board. The local health offices shall submit a copy of their
respective updated BHW registry to the Provincial Health Office which shall consolidate
all registries. Upon the validation of the Provincial BHW Federation, the consolidated
Provincial Registry shall be submitted to the Provincial Health Board, and the same shall
be posted in the municipal or city bulletin boards and barangay health centers.

The Provincial BHW Registry shall be submitted on or before April 30 of every
year to the DOH at the regional and national levels for consolidation. The DOH is hereby
mandated to maintain a national register 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 certified by the Rural Health Midwife (RHM) or public
health nurse assigned to the barangay and by the head of the barangay

health workers association;

(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 nongovernmental

organization (NGO);


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(c) Be at least eighteen (18) years of age at the date of the filing of the

application for registration; and,

(4) 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 DOH, to provide the BHW applicants with basic orientation
and training within six (6) months from the date of approval of their application.

SEC. 5. 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 the certificate of accreditation to
qualified BHWs. In order to qualify for accreditation, the applicant BHW must:

(a) Be registered in accordance with Section 4 hereof:

(b) Have completed in the locality 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, that would upgrade and develop the skills and
competency of BHWs to perform their roles. The training program shall be

institutionalized by the DOH, in cooperation with local government units (LGUs)

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

A BHW 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 later than 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


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SEC. 6. Number and Role of Barangay Health Workers. ~ Notwithstanding the
limitations prescribed under Section 325(a) of Republic Act No. 7160, as amended,
otherwise as “The Local Government Code of 1991”, each barangay shall at least have one
(1) BHW for every twenty (20) households.

As one of the key partners in a reformed healthcare delivery system, the DOH and LGUs
shall support the roles of BHWs as:

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

(c) Disseminator - to maintain regular communication with local profesional 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) Coordinator - to facilitate access to any group or association of the community
with a relevant network of or specific health and non-health service providers;

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

(f) Health Care Service Provider — to assist and provide basic healthcare services as

may be needed in the community in any health event.

A BHW shall not be required to engage in any partisan political activity.

SEC. 7. Mandatory Appointment of Barangay Health Worker (BHW). — There
shall be appointed at least one (1) BHW in every barangay for every twenty (20)
households who shall be under the supervision and control of the DOH. The BHW so
appointed shall coordinate closely with the local government health officer in the

implementation of health programs in the locality.

As far as practicable, the BHW to be employed must be a resident of the barangay


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The DOH shall determine the ratio of barangay health workers according to the number of
households: Provided, That there shall be at least one (1) BHW for every twenty (20)
households: Provided, further, That the total number of barangay health workers
nationwide shall not be lessthan one percent (1%) of the total population

SEC. 8. Incentives and Benefits. — All BHWs who are actively and regularly
performing their duties shall be entitled to monthly honoraria in the amount of not less.
than Three thousand pesos (P3,000.00) subject to adjustment based on the prevailing

market value, in addition to the following incentives and benefits:

(a) Privileges for the BHWs. ~ All accredited 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 that may be granted by the
commercial establishment 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 value-added tax, if
applicable, shall be included in their gross 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.

(b) Hazard Allowance. ~ All accredited BHWs shall be entitled to hazard
allowance inan amount to be determined by the local health. board
of the LGU concemed, which in no case shall be less than One thousand
pesos (P1,000.00) per month, subject to existing laws, rules, and regulations;

(c) Subsistence Allowance. ~ All accredited BHWs who render service within
the premises of isolated barangay health stations shall be entitled to
subsistence allowance equivalent to the meals they take in the course of
their duty, which shall be computed in accordance with prevailing
circumstances as determined by the LGU concerned. such
allowance shall, in no case, be less than One hundred pesos (P100.00) per
day;

(a) Transportation Allowance. - All accredited BHWs, in the performance
of their oficial duties, shall be entitled to a transportation allowance of not

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less than One thousand pesos (P1,000.00) per month, subject to auditing
rules and regulations;

(©) One-time Retirement Cash Incentive. — An accredited BHW who has
continuously and satisfactorily served for at least fifteen (15) years shall be
entitled to a one-time retirement cash incentive of not less than Ten
thousand pesos _(P10,000.00) in recognition of their loyalty and
dedication, which shall be borne by the municipality or city concemed.
The provincial government may provide assistance for this purpose, in the

case of component cities;

(1) Training, Hducation 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 Authority (TESDA),  DOH-recognized academic

institutions, 0 ther concerned __ agencies and nongovernment
organizations, provide information on and opportunities for educationand
career enrichment for accredited BHWs, such as in the following programs:

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

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

3) Scholarship benefits in the form of tuition fees in state colleges, to be
granted to one (1) child of every barangay health worker who will not be
able to take advantage of the programs described in paragraphs (1),
(2), and (3) hereof; and

4) Special training programs such as _ traditional
medicine, disaster preparedness and other programs that address

emergent community health problems and issues

(g)Health Benefits. — All accredited BHWs shall be entitled to the following

health benefits during their incumbency:

(1) Free medical care, including surgery and surgical expenses medicines, x-ray

and other laboratory fees, when confined in any public hospital or health


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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 PhilHealth as indirect

contributors.

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

(h) Insurance Coverage. ~ Accredited BHWs shall be granted insurance

coverage and benefits by the Government Service Insurance System (GSIS)

which shall be borne by the LGU concemed. For this purpose, the GSIS

shall design an insurance Benefit package suited to the needs and unique
circumstances of the BHWs;

(i) Sick, Vacation and Maternity Leaves. — All accredited BHWs shall be
entitled to sick, vacation and maternity leaves as may be prescribed in the
implementing rules and regulations of this Act: Provided, That, the BHWs
shall continue to receive their monthly honoraria while on leave, for such

period in accordance with existing laws and practices.

(j) Cash Gifi. ~ All accredited BHWs are entitled to a cash gift 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;

(k) Disability Benefit. — An accredited BHW who sustains an injury or
falls ill in the course of the performance of their duties shall be entitled
to Two thousand pesos (P2,000.00) for every year of service

(I) Civil Service Eligibility. — A first grade eligibility shall be granted to
accredited BHWs who have rendered three (3) 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 BHW’s service in the computation of retirement benefits.


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

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

(n) Preferential Access to Loan Facilities. ~ 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
organized BHWs 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.

SEC. 9. Review by the Local Health Board. ~ Every incentive or benefit for
BHWs requiring expenditure of local funds shall be reviewed and approved by the LHB
Such benefits and incentives may be increased, upon review of the LHB, after
considering, among others, the present Consumer Price Index (CPI) as published by the

Philippine Statistics Authority (PSA).

SEC. 10. Discrimination Prohibited. — Discrimination against any BHW by
reason of gender, civil status, creed, religious or political beliefs and ethnic groupings in the

exercise of their functions and responsibilities is hereby prohibited.

SEC. 11. Protection of BHWs. ~ The municipal, city, provincial governments
and the Department of the Interior and Local Government (DILG) shall establish a
grievance mechanism as a means of processing complaints of BHWs against alleged acts
of discrimination and unjust removal from the service. A BHW may appeal their

grievances to the DILG.

SEC. 12. Right to Self-organization. — A BHW shall have the right to freely form,
join or assist organizations to obtain redress of their grievances through peaceful concerted

activities, in a manner not contrary to law, and with utmost regard to service to patients


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and the continuous operation of barangay health services in the interest of public health,
safety, or survival of patients

SEC. 13. Representation in the Local Health Board and Primary Health Care
Provider Network, — The president of the municipal or city association of BHWS shall be
a member of the municipal or city local health board. The presidents of the association of
BHWs ofeach component city and municipality associations of a province shall elect from
among themselves their representative to the provincial health board: Provided, That,
the BHW representatives to the health boards shall not be allowed to vote on the
registration, accreditation and disciplinary or removal complaints of BHW. The BHWs
shall also form part of the healthcare provider network and shall participate in the
implementation of healthcare services and programs.

SEC 14. Continuous Capacity Building for BHWs. ~ The DOH shall conduct
continuous capacity building for BHWs to enhance and upgrade their knowledge and skills,
including training programs conducted online and in major Philippine dialects,

The DOH shall, in coordination with TESDA and other concerned agencies shall
also assist the LGUs in the development of education modules or materials that highlight
the collective experiences and learnings of BHWs and the use of traditional and

complementary medicine.

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

concerned.

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

SEC. 18. Penalty Clause. - Any local govemment official who violates any
provision of this Act may be administratively and criminally charged in accordance with

law.

©. 16. Appropriations. - The amount necessary for the implementation of this

Act shall be charged against the National Tax Allotment (NTA) of the LGUs, other


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local funds and the special health fund under Republic Act No. 11223 otherwise known as
the “Universal Health Care Act”.

SEC.

‘7. Implementing Rules and Regulation. - The DOH and the DILG shall,
in consultation with the DepEd, the CSC, the GSIS, and other concerned government
agencies and nongovernmental 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. 18. 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. 19. 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 modified accordingly.
SEC. 20. Effectivity. - This Act shall take effect fifteen (15) days afler its

publication in the Official Gazette or in a national newspaper of general circulation.

Approved,

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