Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

HOUSE BILL NO. 3317

Introduced by REPRESENTATIVE LAARNI LAVIN ROQUE

EXPLANATORY NOTE

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

This bill emulates the spirit of Section 12, Article XIII (Social Justice and Human
Rights) of the 1987 Constitution, which compels the State to "undertake appropriate
health manpower development and research, responsive to the country’s health needs
and problems." To this end, Republic Act No. 7610 or the Local Government Code of
1991 specifies the Local Government Units' responsibility to provide for health services
and facilities for each barangay, including the implementation of programs and projects
on primary health care, matemal and child care, and communicable and non-
communicable disease control services, access to secondary and tertiary heaith services

To further address the State's role on undertaking health manpower development,
Republic Act No. 7883 or the Barangay Health Workers ' Benefits and Incentives Act of
1995 was enacted to provide support for barangay health workers in terms of health
education and trainings, and in incentives and benefits. The State recognizes that it is
ultimately the barangay health workers that secure the effectivity of the most basic of the
country's healthcare programs and projects.



However, despite the barangay health workers’ critical role as front-liners of our
country's community-based health interventions, many cities and municipalities stil lack
health workers. ' While there are those that are equipped with functional barangay health
services and workers, the many challenges hampering efficient healthcare service
delivery remain a glaring reality the Government cannot keep disregarding. Some
barangay health workers need to slog through the fields just to conduct house-to-house
visits in some areas; some need to shell out of their own pockets for food and travel; some
are exposed to many health and hazard risks while on the job; and some lack up to date
awareness on emerging health issues. Their heroic services, whether to the most far-
flung of barangays or to the most populated ones, need not be at the expense of the
depreciation of their labor for the country's indigent communities.

This bill provides the process of registration and accreditation of barangay health
workers as well as providing that each barangay shall at least have one (1) BHW for every
twenty (20) households. It also prohibits the discrimination of a BHW by reason of gender,
civil status, creed, religious or political beliefs and ethnic groupings in the exercise of their
functions and responsibilities.

Most importantly, this legislative measure provides for the incentives and benefits
that the BHWs deserve to receive such as entitlement of twenty percent (20%) discount
onall the items enumerated under Section 4(a) of Republic Act No. 9994 otherwise known
as the "Expanded Senior Citizens Act of 2010”, hazard allowance, subsistence allowance,
transportation allowance, retirement cash incentive, training, education and career
enrichment programs, health benefits, insurance coverage, sick, vacation and maternity
leaves, cash gift, disability benefit, civil service eligibility, free legal services and
preferential access to loan facilities.

Given the above premises, the urgent passage of this bill is earnestly sought.

LAARI IN ROQUE
Rppregentative
4th Djptric¥, Bukidnon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

~ 3317
HOUSE BILL NO.

Introduced by REPRESENTATIVE LAARNI LAVIN ROQUE

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.

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) shail 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);

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

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(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 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 apptication 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.

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 known 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 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) 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

The DOH shall determine the ratio of barangay health workers according to the
number of 20 households: Provided, That there shail be at least one (1) BHW for
every twenty (20) households: 21 Provided, further, That the total number of
barangay health workers nationwide shall not be less 22 than 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 alll 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 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
(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;

(d) Transportation Allowance. ~ All accredited BHWs, in the performance of
their official 15 duties, shall be entitled to a transportation allowance of not less
than One thousand pesos (P1,000.00) per month, subject to auditing rules and
regulations,

(e) 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 concerned. The provincial government may provide
assistance for this purpose, in the case of component cities;

(f) 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 concemed agencies and
nongovernment organizations, provide information on and opportunities for
education and 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 heaith 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 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 concerned. 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 Matemity 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.

() Cash Gift - 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 ilt
in the course of the performance of their duties shall be entitled to Two thousand
pesos (P2,000.00) for every year of service.

()) 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. 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
BHVW 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
(480) days after the effectivity of this Act, a mechanism that shail 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 33 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 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 of each 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 BHWs.

The BHWs shall also form part of the healthcare provider network and shall
participate in the implementation of healthcare services and programs

SEC 44. 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 thei--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.

10


SEC. 15. Penalty Clause. — Any local government official who violates any provision
of this Act may be administratively and criminally charged in accordance with law.

SEC. 16. Appropriations. - The amount necessary for the implementation of this,
‘Act shall be charged against the National Tax Allotment (NTA) of the LGUs, other local
funds and the special health fund under Republic Act No. 11223 otherwise known as the
“Universal Health Care Act”

SEC. 17. Implementing Rules and Regulation. - The DOH and the DILG shall, in
consultation with the DepEd, the CSC, the GSIS, and other concemed 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 4 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 after its
publication in the Official Gazette or in a national newspaper of general circulation.

Approved,

1