Republic of the Philippines
HOUSE OF REPRESENTATIVES

TWENTIETH CONGRESS
First Regular Session

House Bill No. 125

Introduced by Representative Maria Rachel J. Arenas

AN ACT PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH
WORKERS

EXPLANATORY NOTE

According to Republic Act No. 9513, or the Renewable Energy Act of 2008, it is declared
the policy of the State to accelerate the exploration development, and utilization of renewable
energy resources by promoting its efficient and cost-effective application. Furthermore, there is
a need to reduce the Philipines’ dependence on imported fossil fuels and reduce the jarring
impact of climate change. With that being said, there is a need for the government to have an
active role in assuring there is sufficient supply of electricity that is stable, affordable, and
reliable,

This bill seeks to accelerate the development of renewable energy resources in order to
achieve energy self-reliance through the adoption of sustainable cnergy strategies. In addition,
this proposed measure aims to minimize the country’s vulnerability to price fluctuations in the
international energy markets.

In view of the foregoing, the passage of this bill ib earnestly spugh
RIA RACHEL J. ARENAS
Representative

3rd District of the Province of Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES

TWENTIETH CONGRESS
First Regular Session

House Bill No,_ 125

Introduced by Representative Maria Rachel J. Arenas

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:

See.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 wo are the forefront
of the delivery of health care at the grassroots level, and effective 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.


Se }. Registration. — All BHW 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 murse 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 BHW’s and prescribed by the
DOH and conducted by an accredited government agency, of DOH-recognized
academic institution, or (NGO);

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

(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 the 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 may be, 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 programs 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.

See. 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) Education — 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 screeding for the early detection of
congenital metabolic disorders which may lea to mental retardation and even death,
among others;

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

(4) 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;

(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 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;


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

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

(©) Gathering of data about the overall status of health of the community;

(0) Administering first aid;

(g) Conducting health visits;

(h) Conducting birth planning for pregnant women;

(i) Conducting Health Education;

() Strengthening referral systems;

(k) Collecting sputum;

(D) Identifying people with disease and sickness;

(m) Community health profiling;

(n) Psychosocial debriefing for stress and post-calamity initiatives;

(0) Responding to 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 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
Jess 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 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;

(©) 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 (P 100.00)
per day: Provided, that the accredited BHW shall render service within the premisses
of isolated barangay health stations in order to make it available at any and all times;


(4) 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 BHWs official duties and
responsibilities;

(e) One-time Gratuity Cash Incentive of not less than Ten thousand pesos (P10,000.00) in
recognition of the BHWs 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 20210: 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 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.

(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 Authority (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) Education programs which credit the years of primary health care 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,
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 institutions;


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 (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 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 sustains injury or sickness in the course
of the performance of their duties shall be entitled to two thousand pesos (P2,000.00)
for 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 such as: 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
Joanable 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 honoraria and 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 ethnic groupings in the exercies 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 cases.
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 remove
from the service. The decisions rendered by the LHB shall be final and executory.

See. 14, Municipal, City, Provincial, and National Federation of BHWs. — There shall be
an organization of accredited BHW 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 int he 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 respective presidents of the federation of BHWs of each
city or 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.

See. 17. Continuous Capacity Building of 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 Philippi

The DOH shail, in coordination with TESDA and other concemed 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 Qualification Framework Act, and Republic Act No. 10647, otherwise known as,
the Ladderized Education Act of 2014, including academic credits for health-related courscs.

See. 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 unit shall 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 changed in accordance with law.

See. 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 agencies and non-governmental
entities, promulgate the rules and regulations to implement this Act not later that One hundred
righty (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. Alll 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 (15) days after its publication in the
Official Gazette or in any national newspaper of general circulation.

Approved,