The Magna Carta for Barangays

Senate Office of the secretarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 NOV 11 P2:40 SENATE RECEIVED BY: S. No. 1486 Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING THE MAGNA CARTA FOR BARANGAYS EXPLANATORY NOTE The barangay is the foundation of our political and social system. It is where government is most visible and where people most directly experience the quality of public service. Yet barangays often face the paradox of being tasked with frontline duties but given inadequate support and resources. This bill, the "Magna Carta for Barangays," seeks to professionalize barangay governance, guarantee minimum basic services, and strengthen fiscal autonomy so barangays can truly serve as the primary planning and implementing units of government programs. Among its key provisions: • Barangay officials as regular employees with fair salaries, insurance, retirement, and benefits at par with other local government counterparts • Basic services guaranteed at the community level-potable water, daily transportation access, at least one school and health center, and a functional barangay hall

• Automatic and direct fiscal support-shares from national and local taxes, direct transfers for infrastructure, and equitable participation in revenues from natural wealth • Capacity-building and human development-mandatory training for officials, barangay-funded scholarships, priority employment for residents, and strong support for cooperative enterprises • Accountability and enforcement mechanisms, including penalties against those who obstruct barangay rights and clear rules for implementation By dignifying barangay service, ensuring minimum standards for every community, and providing predictable resources, this measure delivers on the constitutional mandate of genuine local autonomy. It empowers the barangay to become not only the frontline of governance, but also the stronghold of people's participation and self-help. In view of the foregoing, the immediate passage of this bill is earnestly sought. JINGGOY EJERCITO ESTRADA

Senate Difice of the Concretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 NOV 11 P2:40 SENATE RECEIVED BY: S. No. 1486 Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING THE 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 ensure its 9 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) Chairperson, the Barangay Secretary, and Barangay Treasurer in all Barangays are hereby declared regular employees, and as such are entitied to fixed salaries, allowances, insurance, medical and dental coverage, retirement benefits, and such 10 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 the Municipality; b) Six Sangguniang Barangay Members - An amount equivalent to eighty percent (80%) of the salary of a Sangguniang Bayan member of the 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 the 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

Barangay is entitled 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 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

14 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. - 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 Barangay in All Taxes, Fees or Other Charges. -

Ten percent (10%) 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 two percent (2%) 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 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 parties concerned not later than six (6) months from the approval of this Act. Revenues derived from this source shall also form 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. -

10 Prior to assuming office, the 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 the 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 (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

bachelor's degree scholarship grant every year, 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 the 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 the Interior

and Local Government shall submit to 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 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 official, the court shall order the dismissal from government service.

Sec. 20. Separability Clause. - If any provision of this Act is declared

unconstitutional, the remainder thereof not otherwise affected shall remain in full force and effect.

Sec. 21. Repealing Clause. - All laws, presidential decrees, executive orders,

letters of instruction, proclamations, or administrative orders, rules or regulations that are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 22. Effectivity. - This Act shall take effect fifteen (15) days following its

2 publication in the Official Gazette or in a newspaper of general circulation. Approved,