Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILE WO. 756

Introduced by: Hon. RODOLFO W. ANTONINO-

EXPLANATORY NOTE

‘The powers allotted to the barangay are considerably minimal compared to
those powers which are granted to the province, city or municipality. The reason for
this was that conventional thinking in congress then, was to the effect that the
barangay do not yet possess either the structural capacity or the administrative know-
how to handle certain powers that are now devolved to the other LGUs and those
which are left to the Department of Public Works and Highways. As mandated in
Republic Act No. 7160 otherwise known as the Local Goverment Code, the role of
the barangay as the basic political unit is to serve as the primary planning and
implementing unit of government policies, plans, programs, projects, and activities in
the community. However, this mandate is confined only to certain powers now
devolved to the barangay which have rather rendered them inutile and that these
limited powers merely a tell-tale without affecting change substantially.

Itis for this reason that this bill is earnestly sought so that barangays may truly
become “more responsive and accountable,” consequently ensuring their fullest
development as self-reliant communities, making them more effective partners in the
pursuit of national development and “social progress.”


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

fie | 206

HOUSE BILL NO.

Introduced by: Hon. RODOLFO W. ANTONINO

AN ACT DESIGNATING BARANGAYS AS THE IMPLEMENTING
AGENCIES FOR PRIORITY DEVELOPMENT PROGRAMS AND
PROJECTS THEREBY AMENDING REPUBLIC ACT NUMBER 7160
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE AND
FOR OTHER PURPOSES

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 “Barangay
Empowerment Act of 2010.”

SEC. 2. Declaration of Policy. ~ It is hereby the policy of the State that Local
Government Units (LGU) shall enjoy genuine and meaningful autonomy to enable
them to achieve their fullest development as self-reliant communities and make them
more effective partners in the attainment of national goals. Towards this end, the State
shall provide for a more responsive and accountable local government structure
instituted through a system of decentralization whereby LGUs are given more powers,

authority, responsibilities, and resources by providing them with opportunities to

participate actively in the implementation of national programs and projects.

SEC. 3. Definition of Terms. ~ As used in this Act, the following terms shall
be understood as follows:


a) “Devolution” refers to the act by which the national government confers
power and authority upon the various local government units to perform
specific functions and responsibilities;

b) “Barangay-based Infrastructure Programs or Projects” refer to any
construction of any infrastructure which shall include the building,
improvement, rehabilitation, repair, restoration or maintenance of roads and
bridges, and other public improvements, such as viaducts, sidewalks, parks
and playgrounds, school or classroom buildings, water supply system,
drainage, irrigation, sewerage, public toilets, and similar public works and
facilities;

“Barangay Prequalification, Bids and Awards Committee (BPBAC)” refers

to the Prequalification, Bids and Awards Committee established in

accordance with the provisions of this Act.

°)

SEC. 4. Scope of Application. — (a) this Act shall apply to all barangays with
population of at least two thousand (2,000) inhabitants as certified by the National
Statistics Office, and in cities and municipalities within Metro Manila and other
metropolitan political subdivisions or in highly urbanized cities where such territory
shall have a certified population of at least five thousand (5,000) inhabitants.

SEC. 5. Devolution of Infrastructure Programs or Projects. ~ (a) It is hereby
mandated that barangay-based infrastructure programs or projects funded by the
Priority Development Assistance Fund (PDAF) under the General Appropriations
‘Act; or, from the barangay’s share in the proceeds of national taxes and local
revenues; or, funding support from the national government; or, the avails of credit
ies from local banks and financial institutions; or borrowings or donations from
local or foreign sources, whose total cost is not higher than the amount provided in
Section 8 hereof, shall be devoted to the barangay or barangays concerned where the
said public works is intended. Provided however, where the public works shall
traverse two or more contiguous barangays in the same or adjoining municipalities,
the planning, implementation and direct supervision of the said public works shall be
in accordance with Section 8 and 9 of this Act.



SEC. 6. Amendment of Section 17(b) (1) of RA No. 7160. — For purposes of
the immediately preceding provision, Section 17 (b) (1) of Republic Act 7160
otherwise known as the Local Government Code is hereby amended accordingly to

read as follows:

“(b) Such basic services and facilities include, but are not limited to, the

following:

(L) For a Barangay:

vi.

vii.

viii.

Construction and maintenance of agricultural support services which
include planting materials distribution system and operation of farm
produce collection and buying stations;

Construction and maintenance of health and social welfare services
which include maintenance of barangay health center and day-care
center;

Construction and maintenance of services and facilities related to
general hygiene and sanitation, beautification, and solid waste
collection;

Construction and maintenance of katarungang barangay;
Construction and maintenance of barangay roads and bridges and
water supply systems;

Construction and maintenance of infrastructure facilities such as
multi-purpose halls, multi-purpose pavements, plaza, sports centers,
and other similar facilities;

Information and reading centers; and

Satellite or public markets, where viable,”

SEC. 7. Accessory Authority. Compliance with National Policies, etc. ~ The

infrastructure programs or projects devolved to the barangay or barangays in the
immediately preceding section includes the authority to make designs, plans,

specifications, testing of materials, and procurement of the equipment and materials
from both foreign and local sources needed to implement the public works and other
services or facilities; Provided however, that national policies, standards, and

guidelines on the matter must be followed.


SEC. 8. Limitation on the Devolution of Programs and Projects .- The
devolved program or project shall in no case cost more than Five Hundred Thousand
Pesos (P 500,000.00) only, which is hereby initially fixed. Upon the effectivity of
this Act and within five (5) years thereafter, said amount may be determined by the
President but in no case shall be lower than herein set.

SEC. 9. Planning, Implementation and Direct Supervision. - The planning,
implementation and direct supervision of the aforementioned devolved infrastructure
programs or projects shall be undertaken exclusively by the barangay or barangays
where the intended public works is earmarked. Provided however, where the
barangay or barangays concerned is not capable to undertake the public works, the
Department of Interior and Local Government (DILG) shall provide only capability-
building assistance and the Department of Public Works and highways (DPWH) and
other technical agencies providing and transferring technical expertise to the
barangay or barangays only when necessary.

SEC. 10. Joint effort in cases which interlink or mutually affect barangays
in the same or adjoining province, city or municipality. ~ (a) In cases where the
infrastructure programs or projects which interlink or mutually affect several
contiguous barangays in the same or adjoining municipalities, the BPBACs of the
barangay to which the larger portion of the threshold amount herein set in Section 8
shall take the responsibility of being the lead barangay unit in the implementation of
the public works while the other barangay units shall contribute labor, local
knowledge and material assistance not otherwise available in other barangay units.

(b) However, as to planning provided in Section 9 hereof, both sangguniang
councils shall sit together in a joint session. In any case, all the barangays concerned
shall participate in the direct supervision.

(©) Where the program or project is exclusive in one barangay but the same
shall benefit or affect the entire city or municipality, the planning shall be jointly
undertaken by the barangays affected or benefitted while the implementation and
direct supervision shall rest exclusively in the barangay concerned. Such public
works are the following but not limited to: School structure, water supply systems,
health centers and similar social structures.


SEC. 11. Barangay Prequalification, Bids and Awards Committee (BPBAC).
~ (a) There is hereby created a local prequalification, bids and awards committee in
every barangay which shall be primarily responsible for the conduct of
prequalification of contractors, bidding, evaluation of bids, and the recommendation
of awards concerning barangay infrastructure projects. The barangay chairman or, in
the latter’s absence; the first councilor shall act as the chairman with the following
members:

(1) The chairman of the appropriations committee of the sangguniang

barangay concerned;

(2) Barangay treasurer;

(3) Municipal engineer;

(4) Two (2) representatives of nongovernmental organizations that are
represented in the barangay development council concerned, to be chosen
by the accredited organizations or sectors themselves; and

(5) Any practicing certified public accountant from the private sector, to be
designated by the local chapter of the Philippine Institute of Certified
Public Accountants, if any.

Representatives of the Commission on Audit appointed for the Engineering

District concerned shall observe the proceedings of such committee and shall

certify that the rules and procedures for prequalification, bids and awards have

been complied with.

(b) The agenda and other information relevant to the meetings of such

committee shall be deliberated upon by the committee at least one (1) week

before the holding of such meetings.

(©) All meetings of the committee shall be held in the city or municipal hall.

‘The minutes of such meetings of the committee and any decision made therein

shall be duly recorded, posted at a prominent place in the city or municipal

hall and barangay hall, and delivered by the most expedient means to elective
officials concerned.

(d) In any case, the bidding process and postings of mandatory notices and

other requirements provided for by law shall be strictly observed.


SEC. 12. Local Technical Committee. The chairman of the local technical
committee is hereby obligated to attend the meetings of BPBAC in order to present
the reports and recommendations of the local technical committee in the municipality.

SEC. 13. Auditorial Visitation. The books, accounts, papers, and cash of local
treasurer, accountant, budget officer, or other accountable officers shall at all times be
‘open for inspection of the COA designated for the Engineering District or its duly

authorized representative.

SEC. 14, Implementing rules and Regulations. — Within 90 days from the
promulgation of this Act, the Secretary of Budget and Management, in coordination
with the Secretary of Interior and Local Government, and concerned sectors shall
issue such guidelines, orders or rules and regulations as may be necessary to carry out
the provisions of this Act.

SEC. 15. Separability Clause. — If any provision of this Act or the application
of such provision to any person or circumstance is declared unconstitutional, the
remainder of this Act or the application of such provision to other persons or
circumstance shall not be affected by such declaration.

SEC. 16. Repealing Clause. - All laws, decrees, executive orders and other
issuances or parts thereof inconsistent with this Act are hereby repealed or modified

accordingly.

SEC. 17. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,