Magna Carta for Barangays

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL A8 A8.53 SENATE Senate Bill No._ Introduced by Senator Juan Miguel F. Zubiri AN ACT ESTABLISHING THE MAGNA CARTA FOR BARANGAYS EXPLANATORY NOTE The development of the country lies with the development of its people. No government policy or program, no matter how well-crafted can be called a success unless it would be able to reach each and every one of its constituents, up to the last individual in the barangay. The barangay is the basic unit of government, the closest to its constituents and the first line of government service people turn to. The Local Government Code of 1991 recognizes the important role of the barangay as it states that: "As the basic political unit, the barangay serves as the primary planning and implementing unit of government policies, plans, programs, projects and activities in the community, as a forum wherein the collective views of people may be expressed, crystalized, and considered and where disputes may be amicably settled." Empowering the barangay is the key to ensuring that government policies being pursued for the development and progress of the country are properly implemented. It is through the barangay that development programs can be delivered and effectively reach each and every Filipino, even those in the most remote areas of the country. This bill seeks to strengthen the barangay by providing for the Magna Carta for Barangays. As frontliners in the delivery of services, barangays shall enjoy local autonomy through the automatic release of their funds from the national government. They shall likewise receive their mandatory share in the taxes, fees and charges collected within their respective areas of jurisdiction, and financial support for the maintenance of roads and bridges within their area. This bill also gives due recognition to barangay officials as regular employees of government with fixed salaries, allowances, insurance, medical and dental coverage, retirement benefits and such other fringe benefits for which regular employees may be entitled to, instead of just receiving honoraria. In view of the foregoing, the passage of this bill is earnestly sought. JUAN MIGUEL F. ZUBIRI

.:.i TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -7 18:53 SENATE Senate Bill No. 119 Introduced by Senator Juan Miguel F. Zubiri AN ACT ESTABLISHING THE MAGNA CARTA FOR BARANGAYS Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: TITLE I 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 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 13 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 kabataang barangay chairman, the barangay secretary and barangay treasurer in all barangays are hereby 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 municipality; b. Six Sangguniang Barangay Members - An amount equivalent to eighty percent (80%) of the salary of a sangguniang bayan member of his municipality; c. Kabataang Barangay Chairman, Barangay Secretary, Barangay Treasurer - For each, an amount equivalent to seventy-five percent (75%) of the salary of a sangguniang bayan member of his 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 the right of every barangay to have one health center and one barangay 5 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. - 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 the 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 parties concerned not later than six (6) months from the approval of 34 this Act. Revenues derived from this source shall also from part of the general fund of 35 the barangay.

TITLE V SUNDRY MATTERS

Sec. 13. 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 schoolbooks, supplies and transportation and other expenses as the barangay may deem appropriate.

Sec. 14. 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. 15. 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 VI ADMINISTRATION AND ENFORCEMENT

Sec. 16. Rules and Regulations. - The Secretary of 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. 17. 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 and the barangay scholarship grant.

Sec. 18. Penal Provision. - Any person who shall willfully interfere with, restrain

or coerce any barangay official or barangay resident in the exercise of his or her 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 (P500.00) nor more than Two Thousand Pesos (P2,000.00), 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 his dismissal from the government service.

Sec. 19. Separability Clause. - If any provision of this Act is declared

unconstitutional, the same shall not affect the validity of the other provisions of this Act.

SEC. 20. Repealing Clause. - All laws, decrees, orders, rules, and regulations or

other issuances or parts inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines. Approved,