Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

2512

HOUSE BILL NO.

troduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
PROVIDING FOR A MAGNA CARTA FOR BARANGAYS

EXPLANATORY NOTE

Barangays as the basic political unit serves as the primary planning and implementing unit of
government programs, projects and activities. It serves as an opportunity for collective views of the
people in the community to be considered and crystallized,

Hence, the importance of barangays in our system of government cannot be overemphasized.
However, despite this important role that this basic unit performs, barangay officials are considered
as sanggunian members that receive honoraries instead of regular salaries. It is therefore fitting that
measures to promote the welfare and prosperity of barangays be enshrined in a Magna Carta to give
due recognition to the crucial role they play.

This legislative measure proposes that barangay officials be considered as regular
government employees with fixed salaries and allowances to which a regular employee of
government is entitled.

The proposed Magna Carta for Barangays guarantees the following:

1. That barangay officials be considered as regular government employees with fixed salaries,
and allowances to which a regular government employee is entitled;

2. Basic necessities, such as regular supply of clean and potable water, public transportation,
schools, health centers, and barangay halls, should be provided to every barangay;

3. Automatic release of share from national taxes;

4, Transfer of funds to the barangay for maintenance of roads and bridges within its area of
jurisdiction;

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

6. Priority in employment for residents of barangays where a government construction or
development will be implemented.

The bill also pushes for the provision of basic pri
potable water, public transportation, schools, health center

s such as regular supply of clean and
and barangay halls including the



automatic release of share from national taxes and the transfer of funds to barangay for the
maintenance of roads and bridges.

In view of the foregoing, immediate approval of this measure is earnestly sought.
=
Von

Mike” D.L. Tan
4th District, Quezon



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO._2012

introduced by: Hon. Keith Micah “Atty. Mike” D.

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 |
TITLE, DECLERATION OF POLICY, AND GENERAL PRINCIPLES

ECTION I. Short Title. — This Act shall be known as the “Magna Carta for Barangays.”

SEC. 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 for 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.

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 concern on its
level; and

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

ARTICLE II
BARANGAY OFFICIALS AS REGULAR GOVERNMENT EMPLOYEES

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, and benefits, to which a
regular government employee may be entitled to.

SEC. 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, the following barangay officials
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 or city.

(b) Members of the Sangguniang Barangay - An amount equivalent to eighty percent (80%)
of the salary ofa sangguniang bayan member of his municipality or city.

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

ARTICL
BASIC PRIORITIES IN THE BARANGAY

SEC. 6. Drinking Water for Every Barangay. - It 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. 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 appropriate government age
require public utility companies operating primarily within its jurisdiction to provide the
means of transportation in every barangay.

SEC. 8. 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.

SEC. 9. Automatic Release of Share from National Taxes. - The allotment representing the
share of the barangay from the national taxes shall be released without need of any further action
directly to the barangay treasurer on a quarterly basis within five (5) days after the end of each
quarter.

SEC. 10. 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. 11. 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 ot entities whose
office or manufacturing plant is located within the barangay.

ARTICLE IV
MEASURES TO ASSURE THE ENJOYMENT OF LOCAL AUTONOMY

SEC. 12. 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
concemed 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 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.

ARTICLE V
MISCELLANEOUS BENEFITS

SEC. 13. Scholarship Grant. - Every barangay shall sponsor at least one (1) scholarship grant
every year leading to any bachelor degree 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 other school fees, reasonable allowances for schoolbooks,
supplies, transportation, and other expenses as the barangay may deem appropriate.

SEC. 14. 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.

. 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 to take every possible effort to make cooperative undertakings a way
of life in the barangay.

ARTICLE VI
ADMINISTRATION AND ENFORCEMENT

SEC. 16. Rules and Regulations. - The Secretary of the Interior and Local Government shall
promulgate within ninety (90) days from approval hereof, 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 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. 17. Appropriations. - The local government units concerned shall set aside an amount
deemed appropriate to implement the provisions of this Act.


SEC. 18. Penal Provisions. - Any person who shall willfully interfere with, restrain, or coerce
any barangay official or barangay resident in the exercise of the 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 of six (6) months and one (1) day, or both fine and
imprisonment, subject to the discretion of the court.

If the offender is a public official, the court shall, after conviction, order his dismissal from
service, in addition to the imposable penalties.

SEC. 19. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected by such declaration shall remain in full force and
effect.

SEC. 20. Repealing Clause. - All laws, executive and administrative orders, rules and
regulations inconsistent with the foregoing provisions are hereby repealed or modified accordingly.

SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,