Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

15" Congress
Second Regular Session

COMMITTEE REPORT NO. _1363

Submitted by the Committee on People’s Participation on __ 3 1 AU3 28%
RE > House Bill No,_5228

Recommending its approval in substitution of House Bill No. 3912

Sponsors: Representatives Benjamin D. Asilo, Loreto Leo S.
Ocampos, Edwin L. Olivarez , and Winston T. Castelo

Mr. Speaker:

The Committee on People's Participation to which was referred House
Bill No. 3912 intraduced by Representative Loreto Leo 8. Ocampos, entitled

“AN ACT PROVIDING FOR THE MAGNA CARTA OF CIVILIAN
VOLUNTEER ORGANIZATION”

has considered the same and recommends that the attached House Bill
No, entitled:
peer fe
“AN ACT PROVIDING BENEFITS TO BARANGAY VOLUNTEER
WORKERS”

be approved in substitution of House Bill No. 3912 with Representative Loreto
Leo S. Ocampos as author and Representatives Benjamin D. Asilo , Edwin L.
Olivarez, Ma. Catalina Leonen-Pizarro, Reena Concepcion G. Obillo, Winston
T. Castelo, Christopher 8. Co, and Salvador P. Cabaluna Ill as co-authors
thereof.

Res submitted,

BENJAMIN D. ASILO
Chairman, Committee on
People’s Participation

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
QUEZON CITY


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

FIFTEENTH CONGRESS
First Reguiar Session

HOUSEBILLNo, 9228
{in Substitution of House Bill No. 392}
Introduced by: Reps. Loreto Leo S. Ocampos, Benjamin D. Asilo, Edwin L. Ollvarez, Ma.
Catalina Leonen-Pizarro, Reena Concepcion 6. Obille , Winston T. Castelo, Christopher S. Co,
and Salvador P. Cabaluna It

[AN ACT PROVIDING BENEFITS TO BARANGAY VOLUNTEER WORKERS

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. - This Act shall be known as the “Barangay Volunteer Workers’ Benefits
Act.”

SEC, 2, Declaration of Policy. ~ It is hereby declared the policy of the State to enhance
and promote the social and economic status of Barangay volunteers. The State shall protect the

rights of Barangay volunteers and promote their welfare.

lian Volunteer

SEC. 3, Coverage. - This Act shall cover all members of accredited Ci
Organizations (CVOs) and all other volunteers who perform regular governance or service
functions in the Barangey.

SEC. 4. Definition of Terms. - For purposes of this Act, the following shall mean:

1. Civilian Volunteer Organization shall refer to a body or brigade composed of
Barangay volunteers such as but not limited to Barangay Health Workers, Barangay Nutrition
Scholars, Barangay Tanod, members of the Lupong Tagapamayana, and members of community
brigade and community service units duly created at the Barangay level to assist the Barangey

officials in the effective exercise of law enforcement for the maintenance of peace and order


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and the promotion of public safety, security, health, sociel welfare, and the spirit of
volunteerism in the Barangay.

2 Barangay Volunteer Workers shall refer to individuals who belong to an
accredited CVO committed to rendering their services and resources, whether full-time or part-
time, to promote the public good.

3. Volunteerism shall refer to an act involving traditional forms of mutual aid and
developmental interventions that provides an enabling and empowering environment both on
the part of the beneficiary receiving, and the volunteer rendering the act, undertaken for
reasons arising from socio-developmental commitment or conviction for the attainment of
public good and where monetary and other incentives are not the primary motivating factors.

SEC. 5, Qualifications. — A Barangay volunteer must be of legal age, must be a resident

of the Barangay where one intends to volunteer, and must be of good moral character. A
Barangay volunteer may continue to serve the community for as long as one wishes 10, and
able to maintain these qualifications and if such performance as a volunteer is considered
commendable by Barangay officials.

SEC. 6. Duties and Obligations of a Barangay Volunteer. - The Barangay volunteer
worker shail:

1. Make available time, knowledge, and skills to the Barangay, and report for work as
agreed with Barangay officials;

2, Maintain and promote peace, public safety, security, health, social welfare, and the
spirit of volunteerism in the Barangay;

3. Discharge duty humanely with conscience and dignity, and with utmost respect for
life, gender, and religion; and

4, Submit a written resignation when one wishes to resign at least fifteen (15) days prior
to effectivity thereof.

SEC. 7. Statutory Fund Allocation for the Allowance of Barangay Volunteers. - The
Barangay shall provide allowances to Barangay volunteers, which may not exceed the minimum
salary rate for $G-1; Provided, That no volunteer shall receive an allowance lower than

P1,500.00 per month


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Said allowances shall be charged to the administrative budget of the Barangay, which
comprise eighty percent (80%) of its annual Internal Revenue Allotment, and income from
other sources; Provided, That these shall not be covered by the fifty-five percent (55%) cap on
personal Services; Provided, finally, That the payment of said allowances shall be subject to the
availability of funds and pertinent budgeting, accounting, and auditing rules and regulations

SEC. B. Security of Term. - A volunteer shall be asked to sign @ Memorandum of
‘Agreement (MOA) defining the period of service, reckoned from the date of the volunteers’
assignment, This MOA may be renewed upon the agreement of the volunteer, the CVO, and the
Barangay chairperson.

SEC, 9, Additional Benefits. - In recognition of their services, volunteers shal be

provided the following benefits and incentives:
1 Philhealth coverage, which shall include medical examination and treatment in
government hospitals, and fully subsidized by the Local Government Units or through cost-

sharing mechanisms between LGUs and other sponsors: Provided, That indigent barangay

volunteers shall be covered through full national government subsidy scheme.

2. Free legal services from government lawyers or private lawyers pursuant to RA
No. 9999 and Bar Matter no. 2012, for cases arising from acts committed in the performance of
duty: Provided, That such legal services shall continue, even after the expiration of the term of
the Barangay volunteer, until its final disposition; and

3, Trainings and seminars on human rights, disaster response and risk reduction,
and others, deemed necessary by the city or municipality where the volunteers render service

SEC. 10, Review by the Sanggunian Barangay. - Every incentive or benefit for Barangay
Volunteers requiring expenditure of local funds shall be reviewed and approved by the
Sanggunian Barangay.

SEC. 11. Implementing Rules and Regulations, - The Department of the Interior and
Local Government - National Barangay Operations Office (NBOO}, in consultation with the
National Liga ng mga Barangay and CVOs, shall issue the rules and regulations to implement

this Act within ninety (90) days after its approval.


SEC. 12. Separabillty Clause. — If any provision of this Act Is declared unconstitutional,
the same shall not affect the validity and effectivity of the other provisions hereot

SEC. 13. Repealing Clause. - All jaws, decrees, orders, and issuances or portion thereof,
‘as well as rules and regulations inconsistent with the provisions of this act are hereby repeated
or modified accordingly.

SEC. 14. Effectivity, - This Act shall take effect fifteen (35) days after its publication in
the Official Gazette or in any newspaper of general circulation.

Approved,


HOUSE OF REPRESENTATIVES
COMMITTEE AFFAIRS DEPARTMENT

FACT SHEET
0; 22
Ho goa no. 9228

‘(in substitution of House Bill No. 3912)
BENEFITS FOR BARANGAY VOLUNTEER WORKERS
Introduced by: REP. LORETO LEO S. OCAMPOS

Committee Referral: COMMITTEE ON PEOPLE'S PARTICIPATION
Commitiee Chairperson: REP. BENJAMIN D. ASILO

OBJECTIVE:

To strengthen and enhance the skills of barangay volunteer workers to become effective
guardians of peace, security and safety.

KEY PROVISIONS:

Defines the qualifications of a Barangay volunteer and allows the volunteer to continue with
community work for as fong as these are maintained, and if his performance is considered
commendable by Barangay officials;

Lists the duties and obligations of a Barangay volunteer,

Provides allowances to Barangay volunteers, which shall be charged to the administrative
budget of the Barangay, from 80% of its annual Internal Revenue Allotment, and income
from other sources, subject to the availability of funds,

Exempts the payment for allowances: from the 45 to 55% cap on Personal Services;
Provides for security of term of office of volunteers following a Memorandum of Agreement
signed by the volunteer, the civilian volunteer organization of which he is a member, and
the Barangay Chairperson;

Grants various benefits and incentives to volunteers, which shall include Philhealtn
coverage, legal services, and relevant trainings and seminars, and

Mandates the Sangguniang Barangay to review the incentives and benefits given to
volunteers.

RELATED LAWS;

Local Government Code of 1991
Local Budget Circular No. 63 series of 1996
RA 9999 or the 'Free Lega! Assistance Act of 2010"

As of Aug. 10, 2011


Republic of the Philippines
House of Representatives
Quezon City

MINUTES OF THE MEETING OF THE COMMITTEE ON PEOPLE'S PARTICIPATION
HELD ON AUGUST 3, 2011, 1:30 P.M. AT CONFERENCE ROOM 11, MITRA BLDG.,
HOUSE OF REPRESENTATIVES

I CALL TO ORDER/ROLL CALL

The Chairperson of the Commitiee on People's Participation, Rep.
Benjamin D. Asilo, presided over the meeting, which he called to order at
1:57 PM, The Chair also determined the presence of a quorum and dispensed
with the calling of the roll.

Mh ACKNOWLEDGEMENT OF MEMBERS AND GUESTS

The Chair introduced the members of the committee who were
present during the meeting, namely Vice- Chair Cresente V. Paez (PL-Coop
NATCCO}, Reps. Winston T. Castelo [2.4 District, Quezon City), Rafael V.
Mariano (Pi-ANAKPAWIS); Godofredo V. Arquiza {PL-Senior Citizens),
Christopher S. Co (PL-Ako Bicol) and Salvador P. Cabaluna Ill (PL-1Care). The
Chair also acknowledged the presence of Reps. Loreto Leo Ocampas {274
Dist.. Misamis Occidental), the author of House Bill 3912, and Raymond V.
Palatino (PL-Kabctaan).

Upon the authority of the Chair, the Committee Secretary
acknowledged the presence of the following resource persons: Executive
Director Joselito De Vera and Angie Gabino of Philippine National Volunteer
Service Coordination Agency {PNVSCA]: and Malou Tiquia and Suzette Lopez
of Publicus Asia.

tater, the following guests were also acknowledged: Director
Carmencita N. Delantar of the Departmeni of Budget and Management
{DBM}; Atty. Jay R. Villegas of Philippine Health Insurance (PhilHeatth):
Director Nelia Tabliago of the Office of Civil Defense of the Department of
National Defense, representing the Notional Disaster Risk Reduction
Management Council (NDRRMC); and Ms. Amie Pombuena of the National
Barangay Operations Office of the Depariment of the Interior and Local
Government (DILG}.

Mh. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETINGS

Upon the motion of Rep. Cabatuna, duly seconded by Rep. Paez. the
Committee approved the minutes of the meeting dated May 25, 2011.


IV, PRELIMINARY REMARKS OF THE CHAIRPERSON

The Chair explained that the meeting will initially consider Substitute Bill
to house Bill 1199, or the Lobbying Disclosure Act, a re-filed measure which
reached 2nd reading in the past Congress, to be followed by the
consideration of Substitute Bill to House Bill 3712, or the Barangay Volunteers
Act, which is a product of several committee and technical working group
meetings.

Vv. CONSIDERATION AND APPROVAL OF SUBSTITUTE BILL TO HOUSE BILL 1199

Ms. Ma. Lourdes N. Tiquia, the Founder and General Manager of
Pubiicus Asia Inc., introduced the lobby firm to the body and reacted on the
measure at hand. She stated that Publicus Asia welcomes the measure
because it addresses certain problems encountered under RA 1827, the
existing but largely unimplemented lobbying law. She recommended several
refinements of the measure, the most important of which is the inclusion of
shepherding measures in the scope of lobbying activities.

Ms. Tiquio brought to light certain issues which pertain to lobbying such
as the difference between direct and indirect lobbying: the need fo level the
playing fieid in lobbying: and other ethical issues related to lobbying. She also
enumerated the benefits derived from lobbying. namely: (a} creating forums
for diverse opinions: (b) providing checks and balances; {c] granting access
to reliable data and impact evaluation of measures; and {d) preventing
regulatory capture.

At this juncture, Rep. Cabaluna pointed out the need to refine Section
7 of the measure, to clarify that lobbyists need to separately register in
Congress and/or in the Executive Departments, depending on the objective
of their lobby.

AHer getting the concurrence of Ms. Tiquia, Rep. Paez moved to
approve the bill with amendments and subject to style. Duly seconded by
Rep. Cabaluna, the committee approved the measure as moved.

VI. CONSIDERATION AND APPROVAL OF SUBSTITUTE BILL TO HOUSE BILL 3912

Rep. Ocampos, ihe author of the measure, conceded that he is
amenable to any amendment deemed appropriate by the committee such
as the deletion of the section earmarking thirty percent (30%) of the income
of the local government units {LGUs} to the allowances of Barangay
volunteers and the deletion of the tem “volunteers.”

Ms. Amie Pombuena of the DAG agreed with the deletion of the
section earmarking funds, reasoning out that LGUs have to deal with a tot of
other mandatory expenditures.


On the deletion of the term “volunteer.” Rep. Paez opined that doing
50 may render the bil futile. Executive Director De Vera of PNVSCA likewise
forwarded that deleting the term may be tantamount to creating an
employer-employee relationship between the LGU and the volunteer.

Nonetheless, the guests from the DILG and the PNVSCA are in
agreement that volunieers may be provided benefits. Ms. Pombuena of DILG
suggested that volunteers can be given transportation and food allowance,
as well as insurance benefils. However, she recommended that instead of
itemizing the benefits, the measure must state that volunteers be given equal
benefits as those given fo regular Barangay officials. Likewise, Executive
Director De Vera of PNVSCA stressed that granting benefits to volunteers is
accepted internationally, particularly in the form of monthly subsistence
allowances to cover their meals and transportation costs. He added that
volunieers can aiso be provided life and accident insurance, especially if the
volunteer is working on hazardous assignments.

The Chair verified with the DILG and the DBM whether if is legal to
provide volunteers with compensation. Ms. Pombuena of DILG replied that
this is provided under the Local Government Code {LGC}, subject to the
availability of funds, Director Delaniar of the DBM explained that positions for
Barangay volunteers may be created as non-mandatory positions under
Section 387 of the LGC.

Dir. Delantar further informed the committee of other relevant LGC
provisions, such as (a) Section 325, which limits the use of funds for Personal
Services {PS} or salaries and other benefits of personne! to 45 to 55% of the
budget; (b) Section 393, which provides that positions in Barangays may be
junded on an honorarium basis, until there is @ compensation plan to warrant
payment on saiary basis; and (c} Section 286, which precludes the National
Government from earmarking from the Internal Revenve Allotment (IRA) of
LGUs. She detailed that only the percentage budgetary allocation for senior
citizens and specially-abled persons, as well as programs on gender, AIDS,
and protection of children are mainstreamed within local budgets through
the local budget memorandum given at the start of the budget preparation.

Rep. Ocampos complained about the recent Joint Memorandum
Circular of the DBM and the DILG prohibiting the charging of honorarium to
20% of the Local Development Fund (LDF}. Director Delantar justified that at
least 20% of the IRA share shall be for development projects, to ensure that
there is capital expenditure or local invesiment, and went on to detail the
menu of projects listed under fhe circular. Finally, she suggested that instead
of using the 20% of the LDF for honorarium, these musi pe paid out of the
remaining 80% of the IRA, which is specifically provided for administrative
costs.


The Chair inquired on other possible sources of income of the
Barangay. Ms. Pombvena of the DILG replied that the Barangay's revenue
raising power is limited to fees and charges. in addition, she related that
Barangays cannot collect community taxes unless mandated by the higher
LGU. Nonetheless, she pointed out that the share of the Barangay in real
property taxes (RPT) can be a source of funds.

Dir, Delantar stressed that under Sec. 325 of the LGC. the discrefionary
amount of the LGU shall not exceed 2% of the proceeds from ihe RPT. She
reiterated that ihe Borangay should use the 80% for administrative cost for
compensation.

Rep. Castelo conferred with Dir. Delantar to confirm that once the IRA
is received by the LGUs, these may give allowances, subject to the
‘ovailability of funds. Dir. Delantar concumed but emphasized that the use of
funds must also be subject to accounting and budgeting rules.

Rep. Cabaluna propounded that since the allowances of Barangay
volunteers can only be taken from the 80% administrative budget. then these
must be exempted from the 55% PS cap. Dir. Delantar agreed that if these
were paid on volunteerism basis. then these are not covered by the PS cap.

The Chair also asked Atty. Villegas of Philhealth to react on the
provision on Philhealth benetits. Atty. Villegas asked that the word “free”
under Seciion 9 be deleted since this may connote that all medical expenses
will be paid by PhilHealth. On financing PhilHealth, he recommended that it
be fully subsidized by the local government concemed or through cast-
sharing between local governments and other sponsors, including the
legislators. In addition, he proposed that if the volunteers are indigents, then
the national government shall take care of their coverage. Finally, he
recommended that the definition of civilian volunteer organization be revised
jo include Barangay health workers and Barangay nutrition scholars.

7 this juncture, Reps, Castelo and Arquize verified the status of
implementation of the provision reserving one percent (1%) of the LGU
budget for senior citizens, asserting that there are Local Chief Executives
{LCEs} who do not follow the provision. Dir. Delantar explained that all LCEs
should include this in the budget. Rep. Arquiza added that RA 7876, or the
Senior Citizens Law, even provides for a senior citizen center in every city and
municipality, which unfortunately. remains unimplemented.

Rep. Castelo also asked the D&M and the DILG to identify ine
reviewing authorities of LGUs. Ms. Pombuena of the DILG expressed that the
department does not review nor regulate LGUs but only reminds them to
follow the periinent rules. For the budget. Dir. Deiantar explained that the
reviewing authorities are the higher LGUs. and tne DBM only reviews the
budgets of provinces and highly urbanized cities. Dir. De!antar furner relaied

4


that these should have been considered at the level of the concemed Local
Development Council, which is mandaied to map out the plan and identify
the programs for senior citizens. persons with disabilities, and other identified
sectors.

The Chair inquired with the DBM and the DILG of their course of action
when the LDC is not convened. Ms. Pombuena of the DILG and Dir. Delantar
of the DBM explained that there are committees who do the work when the
LDC is not convened. The Chair decried the practice of coming up with
budgets even when LDCs are not convened.

The Chair also asked Dir. Tabliago of the NDRRMC to share her views on
the provision on disaster management training. Dir. Tabliago related that this
is specifically provided under Section 13 of RA 10021, or the Philippine Disaster
Risk Reduction and Management Act of 2010. She informed the body that
disaster trainings should be part of the calamity plan, and should be funded
out of the calamity fund, which should comprise of at least 5% of the total
LGU budget.

Rep. Ocampos requested that the technical working group (TWG} be
tasked to polish the bill. After ascertaining that the body is unanimous in
recognizing the import of the measure, Rep. Castelo moved for its approval
subject to the amendments discussed by the body and the refinements of
the TWG. The Chair expressed that alt inputs were noted and approved the
motion. The Committee approved the measure subject to amendments and
style.

Vil. ADJOURNMENT
There being no other matters to discuss, the Chair thanked the guests

and the resource persons for their valvable insights. and adjourned the
meeting at 4:05 P.M.

Prepared by: t re PS
_ Hy sy)

¥
LORENA A. FERNANDEZ ROLANDO G. CRONICO, PhD.
SLSO II Committee Secretary

Noted by:

HON. BENJAMIN D. ASILO
Chairperson
Committee on Peopie’s Particioation

5


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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNo. 3912

Introduced by: HON. LORETO LEO S. OCAMPOS

EXPLANATORY NOTE

‘The barangay serves as the smallest administrative division in our country. It is 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. ‘The Civilian Volunteer
Organization has played a vital role in the maintenance and protection of peace, and security and the
promotion of public safety within the barangay

‘The members of the Civilian Volunteer Organization tisk their lives to protect the people in
their communities despite the meager allowances they receive. In recognition of their heroic deeds,
they should be afforded proper compensation, privileges and benefits.

This bill secks to provide the members of the Civilian Volunteer Organization the
compensation they deserve. This bill also aims to strengthen and enhance their skills to become
effective guardians of peace, security and safety.

LORETO LEO S. OCAMPOS
Representative
2™ District, Misamis Occidental


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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No._ 8942

Introduced by: HON. LORETO LEO S. OCAMPOS

AN ACT PROVIDING FOR THE MAGNA CARTA OF CIVILIAN VOLUNTEER
ORGANIZATION

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Title. - This Act shall be known and cited as the “Magna Carta for Ci
Volunteer Organization”.

SECTION 2. Declaration of Policy. — It is hereby declared to be the policy of the State
to enhance and promote the social and economic status of civilian volunteers. ‘The State shall
protect the rights of civilian volunteers and promote their welfare.

SECTION 3. Coverage. — This Act shall cover all members of the Civilian Volunteer
Organization whose primary function is the maintenance and protection of peace, and security and
the promotion of public safety within the barangay.

SECTION 4, Civilian Volunteer Organization, — Ic refers to a body ot brigade
composed of civilian volunteers duly created at the barangay level, to assist the barangay officials in
the effective exercise of law enforcement for the maintenance of peace and order and the promotion
of public safety.

SECTION 5. Qualifications. ~ A civilian volunteer must be of legal age, must be a
resident of the city or municipality of the place where he intends to volunteer, must be of good
‘moral character and must not have been convicted of any crime.

SECTION 6. Salary.

civilian volunteer shall receive a salary equivalent to

Level 1 — High School level to below second year college and a length of service of at least
five (5) years shall receive salary equivalent to salary grade 6;

Level 2— Second year college level shall receive salary equivalent to salary grade 8; and
Level 3 — College graduate level shall receive salary equivalent to salary grade 10.

SECTION 7. Working Hours. — A civilian volunteer is required to render eight (8)
working hours a day or a total of forty (40) working hours a week; Provided, That the civilian
volunteer may be required to render services beyond his/her required working hours during
emergency situations.

SECTION 8. Additional Compensation and Allowances. — Civilian volunteers shall be
provided additional compensation for services rendered beyond the required working hours. They
shall also be entitled to hazard pay.


SECTION 9. Free Medical Examination and Treatment. — Pre-employment and
annual medical examinations shall be provided by government hospitals, free of charge, to all civilian
volunteers. Civilian volunteers snaring from work-related ailments shall be treated free of change in
government hospitals.

SECTION 10. Trainings and Seminars. The Local Government shall end
provide members of the Civilian volunteer organization free capability training and seminar
as Red Cross Basic Life Support Training.

SECTION 11. Legal Service. The members of the Civilian Volunteer Organization shall
be entitled to free legal services from government lawyers for criminal and civil cases filed against
him, arising from acts committed in the performance of his duties; provided, that such legal s
shall continue, even after the expiration of the term of the civilian volunteer, until i
disposition;

SECTION 12. Appropriations. — Salaries and other benefits of day care workers shall be
charged to the local government units concerned.

SECTION 13. Separability Clause. — If any provision of this Act is found t be
unconstitutional, the remainder of this Act shall remain valid and subsisting.

SECTION 16. Repealing Clause. - All laws, decrees, executive orders, and rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 17. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,