Magna Carta for Barangays

Senate Office of the Secretary TWENTIETH CONGRESS OF THE 25 OCT 27 P4:45 REPUBLIC OF THE PHILIPPINES ) First Regular Session ) RECEIVED BY: SENATE S. No. 1464 Introduced by Senator Raffy T. Tulfo AN ACT PROVIDING FOR A MAGNA CARTA FOR BARANGAYS EXPLANATORY NOTE As recognized in our Local Government Code, the BARANGAY, is a basic political unit that serves as the primary planning and implementing arm of the government for all its community projects and programs. The barangay likewise serves as the basic forum for local communities to express their views and concerns and a steadfast partner of the national government in the delivery of basic services to local communities. Barangay officials-comprising of the Punong Barangay, the members of the Sangguniang Barangay, the Sangguniang Kabataan Chairperson, the Barangay Secretary, and the Barangay Treasurer-are all tasked to exercise vital and extensive functions every day to ensure that basic necessities are delivered and the welfare of all citizens are protected at the grassroots level. In the exercise of these duties, barangay officials, sadly, only receive a meager compensation, without enjoying the benefits typically accorded to other elected government officials. This proposed measure seeks to recognize the indispensable role of barangay officials and thereby seeks to grant them the status of being regular government employees, with entitlement to fixed salaries and benefits, including allowances, insurance, medical and dental coverage, retirement benefits, and other privileges provided by law.

The proposed bill also seeks to identify the basic priorities and essential services that must be established in every barangay-such as potable drinking water, transportation services, and social infrastructure including schools, health centers, and barangay halls. Furthermore, the measure promotes local autonomy by ensuring the automatic release of the barangay's share from national taxes, the transfer of funds for the maintenance and improvement of barangay roads, the mandatory allocation of shares from local taxes, and the equitable distribution of proceeds derived from the utilization and development of the nation's natural wealth. The bill further emphasizes the institutionalization of continuous learning and capacity-building initiatives for barangay officials through comprehensive training and development programs designed to strengthen their competence and leadership capabilities. Ultimately, this legislative measure reaffirms the crucial role of barangays in governance and national development. As the frontline implementers of government programs and policies, barangays play a pivotal role in ensuring the effective delivery of basic services and in promoting inclusive and sustainable development throughout the country. In view of the foregoing, the passage of this bill is earnestly sought. RAFFY T. TULFO Of

Senate Office of the Eccretary 25 OCT 27 P4:45 TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session ) RECEIVED BY: SENATE S. No. 1464 Introduced by Senator Raffy T. Tulfo AN ACT PROVIDING FOR A MAGNA CARTA FOR BARANGAYS Be it enacted by the Senate and the House of Representatives of the Philippines, in Congress assembled: TITLE I TITLE, DECLARATION OF POLICY, AND GENERAL PRINCIPLES

Section 1. 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 inspire its enjoyment of local autonomy to ensure 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 barangay, as it is the base of this country's economy.

b. Every barangay shall be given the authority and capability to solve its problems on its level. C. Self-help or people power shall be the guiding principle in all barangay development projects. TITLE II BARANGAY OFFICIALS AS REGULAR GOVERNMENT EMPLOYEES

Sec. 4. The Barangay Officials as Regular Government Employees. - The

punong barangay, sangguniang barangay members, the sangguniang kabataan (SK) 9 chairperson, the barangay secretary and barangay treasure in all barangays are hereby 10 declared regular employees, and as such are entitled to fixed salaries, allowances, insurance, medical and dental coverage, retirement benefits and such other fringe 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, all barangay officials mentioned in paragraph 4 hereof shall be entitled to the following fixed salaries: a. Punong Barangay - An amount equivalent to the salary of a sangguniang bayan member of his/her municipality; b. Sangguniang Barangay Members - An amount equivalent to eighty percent (80% of the salary of a sangguniang bayan member of his/her municipality; c. SK Chairperson, Barangay Secretary, Barangay Treasurer - For each, an amount equivalent to seventy-five percent (75%) of the salary of a sangguniang bayan member of his/her municipality. TITLE III 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 drinking water. To attain this goal, every city and municipality, as the case may be, is hereby required to construct and/or maintain at

least one deep well with pumping device for drawing drinking water to supply the needs of every one thousand 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 the appropriate government agencies to require public utility companies operating within its jurisdiction to provide the minimum means of transportation in every barangay.

Sec. 8. Schools, Health Centers and Barangay Halls for the Barangays. - Every

9 barangay is entitied to have at least one 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 health center and one barangay hall. TITLE IV MEASURES TO ASSURE THE ENJOYMENT OF LOCAL AUTONOMY

Sec. 9. Automatic Release of Share from National Taxes. - It shall be the duty

of the National Treasury to remit automatically to the barangays every end of the calendar year their just share from the national taxes.

Sec. 10. Transfer of Fund to Barangay for the Maintenance of Roads and Bridges.-

19 All public funds appropriated from the national treasury for the maintenance of barangay roads and bridges and other similar constructions shall be transferred or remitted directly to the general fund of every barangay for their proper disposition by the barangay officials.

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 or entities whose offices and/or manufacturing plant is located within the barangay.

Sec. 12. Equitable Share of the Barangay from the Proceeds of the Utilization

and Development of National Wealth. - Every barangay shall be entitled to an equitable share of the proceeds derived from the exploitation, development and utilization of natural wealth within its territory. The amount of barangay share shall be determined by the city or municipality concerned 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, food and ecological imbalance: Provided, however, That this equitable sharing rate for each barangay shall be resolved by all 8 parties concerned not later than six (6) months from the approval of this Act. Revenues 9 derived from this source shall also from part of the general fund of the barangay. TITLE V CAPACITY BUILDING OF BARANGAY OFFICIALS

Sec. 13. Mandatory Training Programs for Barangay Officials and Personnel. - Prior

to assuming office, newly elected barangay officials and appointed barangay personnel shall undertake mandatory training programs to develop their skills relative to governance, public policy, administration and leadership. For these purposes, the Department of Interior and Local Government with the assistance of the Development Academy of the Philippines (DAP), the Local Government Academy (LGA), and the University of the' Philippines-National College of Public Administration and Governance (UP-NCPAG) , shall jointly design and implement the mandatory and continuing training programs for barangay officials. TITLE VI SUNDRY MATTERS

Sec. 14. Scholarship Grant. - Every barangay shall sponsor at least one

scholarship grant every year leading to any bachelor degree to be awarded by a committee of five 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 all other school fees, reasonable allowances for school books, supplies and transportation and other expenses as the barangay may deem appropriate.

Sec. 15. Priority in Employment. - Residents in every barangay shall have the

priority in the hiring of workers and laborers to be needed in any government construction or development projects within the barangay.

Sec. 16. 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 and to take every possible effort to make cooperative undertakings a way of life in the barangay. TITLE VII ADMINISTRATION AND ENFORCEMENT

Sec. 17. Implementing Rules and Regulations. - The Secretary of the

Department of Interior and Local Government shall promulgate 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 national newspaper of general circulation and by such other means as the Secretary of Local Government deems reasonably sufficient to give interested parties general notice of such issuance.

Sec. 18. Budgetary Estimates. - The Secretary of Department of Interior and Local

Government shall submit to the Congress the necessary budgetary estimates to implement the provisions of this Act concerning the allowances, insurance, medical, dental and retirement benefits and other fringe benefits of barangay officials, the basic priorities in the barangays, capacity building for barangay officials and, the barangay scholarship grant.

Sec. 19. Penal Provision. - Any person who shall willfully interfere with, restrain or

coerce any barangay official or barangay resident in the exercise of his or their 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 nor more than two thousand pesos, or by imprisonment of six months and one day, or both, subject to the discretion of the court. If the offender is a public 29 official, the court shall order his dismissal from the government service.

Sec. 20. Repealing Clause. - All Acts and decrees, executive orders,

2 implementing rules and regulations or parts thereof, inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 21. Separability Clause. - If any provisions of this Act are declared invalid, the

remainder or any provisions thereof not affected thereby shall remain in force and effect.

Sec. 22. Effectivity. - This Act shall take effect fifteen (15) days after publication

7 in the Official Gazette or in two (2) national newspapers of general circulation. Approved,