Mahal Ko, Barangay Health Worker Ko Law

TWENTIETH CONGRESS OF THE PHILIPPINES Diti of the " REPUBLIC OF THE PHILIPPINES First Regular Session JUL 10 P6:01 S. B. No. 419 RECEIVED O INTRODUCED BY SENATOR ALAN PETER "COMPAÑERO" S. CAYETANO AN ACT STRENGTHENING THE GRASSROOTS HEALTH CARE SYSTEM THROUGH THE APPOINTMENT OF SUFFICIENT BARANGAY HEALTH WORKERS IN CITIES AND MUNICIPALITIES AND ELEVATING THEIR STATUS FROM VOLUNTEERS TO JOB ORDER, CONTRACTUAL, CASUAL, OR REGULAR EMPLOYEES AND FURTHER STRENGTHENING THE BARANGAY HEALTHCARE SYSTEM, AND FOR OTHER PURPOSES EXPLANATORY NOTE Barangay Health Workers (BHWs) play a vital role in strengthening the country's primary health care system. As frontline health providers in their communities, they serve as the crucial link between government health services and the people, ensuring that care reaches even the most remote households. Through house-to- house visits, they deliver essential health services, disseminate health information, and distribute basic medicines. Their tireless service not only promotes preventive health care but also helps reduce the government's burden on curative health spending by addressing health concerns at the grassroots level. The Philippine Constitution provides that "the State shall protect and promote the right to health of the people and instill health consciousness among them". Towards this, the State shall develop an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women, and children. The COVID-19 pandemic revealed issues in our healthcare system such as overloaded hospitals and facilities, and overworked and underpaid healthcare workers. It showed that one of our greatest challenges is the lack of adequate healthcare workers, facilities and equipment, especially in remote areas. Considering that health care services have been devolved to the Local Government Units (LGU) pursuant to the Local Government Code of 1991, the LGUs are given the fundamental duty to continue to strengthen the capacity of our Primary Healthcare System, which must necessarily begin by looking at the people who carry it out.

As frontliners of our Primary Healthcare System, our BHWs must be given sufficient incentives, benefits and most of all just compensation for all the hard work they have done for us. The goal of improving the Primary Healthcare System necessarily carries with it the responsibility of taking care and supporting those in charge of implementing the same. The Supreme Court's decision in the case of Mandanas vs. Ochoa clarified that the share of Local Government Units (LGU) of the Internal Revenue Allotment (IRA) does not exclude other national taxes like customs duties. With the implementation of the Mandanas-Garcia ruling in 2022, the Department of Finance shared that it "increased the National Tax Allotment shares of LGUs to 40% of all national taxes beyond those collected by the Bureau of Internal Revenue."1 Therefore, there's an additional source of funds for the salaries and benefits of Barangay Health Workers who have tirelessly sacrificed for their community, especially during this pandemic. In light of this, the LGUs, as a matter of policy, should endeavor to hire Barangay Health Workers as casual workers, or on a contractual and job order basis, and then eventually as regular employees once the Mandanas-Garcia ruling is fully implemented. The City of Taguig shows its support and appreciation towards our BHWs through multiple incentives. Aside from their regular salary, they receive bonuses, and other benefits like training, overtime pay, and hazard pay. We have elevated their status to be formally employed under our LGU as Job Order (JO) and Casual Employees. Such benefits should not be limited only in Taguig because all the Filipinos deserve the best social services. We should start properly compensating, assisting, and building up the skills of our health workers, because they are our backbone for the efficient delivery of our overall health system. First filed during the 18th Congress and again in the 19th, this bill is now being refiled in the 20th Congress—an unmistakable reaffirmation of its urgent and enduring relevance. It underscores the critical need to formally integrate Barangay Health Workers (BHWs) into the organizational structure of LGUs as their employees in the form of job order, casual, contractual or regular positions thereby ensuring that they receive equitable compensation, security of tenure, and access to benefits long overdue and not just a meager honorarium, for their untiring services to provide primary health care to our people. The repeated filing of this measure reflects a firm and consistent commitment to institutionalize the indispensable role of BHWs as the backbone of our primary health care system and to give them the rightful recognition and dignity they deserve as members of the public workforce. In view of the foregoing, approval of this bill is earnestly sought. ALAN PETER "COMPAÑERO" S. CAYETANO NE ' NTA share for LGUs https://www.dof.gov.ph/dof-clarifies-determination-of-the-national-tax-allotment-shares-for- Igus-ensures-transparency-and-strict-compliance-with-mandanas-garcia- ruling/#:~:text=The%202019%20Mandanas%2DGarcia%20ruling,0f%201nternal%20Revenue%20(BIR).

2001844 TWENTIETH CONGRESS OF THE PHILIPPINES Ditt of tira REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 10 P6:01 S. B. No. _ RECLIVLISS INTRODUCED BY SENATOR ALAN PETER "COMPAÑERO" S. CAYETANO AN ACT STRENGTHENING THE GRASSROOTS HEALTH CARE SYSTEM THROUGH THE APPOINTMENT OF SUFFICIENT BARANGAY HEALTH WORKERS IN CITIES AND MUNICIPALITIES AND ELEVATING THEIR STATUS FROM VOLUNTEERS TO JOB ORDER, CONTRACTUAL, CASUAL, OR REGULAR EMPLOYEES AND FURTHER STRENGTHENING THE BARANGAY HEALTHCARE SYSTEM, 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 "Mahal Ko, Barangay

Health Worker Ko Law."

Sec. 2. Declaration of Policy. - It is the policy of the State to protect and

promote the right to health of the people and instill health consciousness among them. It is therefore the responsibility of the State to adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. The State recognizes the importance of primary healthcare in ensuring the health and well-being of our communities, the direct responsibility for which has now been assumed by local governments, pursuant to the Local Government Code of 1991, as amended. As the frontliners of our primary healthcare, the State recognizes the vital role of Barangay Health Workers and the need to provide them with security of tenure, adequate benefits and just compensation, consistent with the principle of equal pay for equal work and work of equal value.

Sec. 3. Definition. - The term "Barangay Health Worker" refers to a person

who has undergone training programs under any accredited government and non- government organization and who renders primary health care services in the community after having been accredited to function as such by the local health board in accordance with the guidelines promulgated by the Department of Health (DOH) and appointed by the city or municipal mayor, as the case may be.

Sec. 4. Ideal Ratio of Barangay Health Workers. - The DOH shall issue the

guidelines as to the ideal number of Barangay Health Worker-to-population ratio. Such a number should be sufficient to allow the city or municipality to satisfactorily deliver primary healthcare to its constituents.

Sec. 5. Barangay Health Workers as employees of the Local Government

Units (LGU). - The city or municipality shall hire the Barangay Health Workers as job order, casual, contractual, or regular employees. Barangay Health Workers currently serving the city or municipality and receiving allowances therefrom shall be given preference in the hiring by the city or municipality under this Act.

Sec. 6. Compensation and Benefits. - Barangay Health Workers hired

pursuant to this Act shall receive all the compensation and benefits given by the city or municipality to its job order, contractual, casual, or regular employees.

Sec. 7. Special Barangay Health Workers Assistance Program. - The DOH,

in coordination with the Department of the Interior and Local Government (DILG), shall create a Special Barangay Health Workers Assistance Program, providing additional financial and technical assistance, training and other support to selected LGUs for their Barangay Health Workers. This program shall prioritize assistance to LGUs that have no or less capacity to give regular and adequate salaries/allowances to its Barangay Health Workers for the next ten (10) years, as determined by the DOH and DILG.

Sec. 8. Appropriation. - The amount needed for the implementation of this

Act shall be charged against the Internal Revenue Allotment (IRA) share of the cities and municipalities, including but not limited to the additional funds to be received once the Mandanas-Garcia Ruling has been fully implemented. The amount necessary for the initial implementation of the Special Barangay Health Workers Assistance Program shall be charged to the current appropriation of the DOH. Thereafter, such sum as may be necessary for its continued implementation shall be included in the annual General Appropriations Act.

Sec. 9. Implementing Rules and Regulations. - The Department of the

Interior and Local Government (DILG), in coordination with the Department of Health (DOH), shall, within sixty (60) days from the effectivity of this Act, prepare the Implementing Rules and Regulations to carry out the provisions of this Act. - It any part or provision of this Act is declare nvalid or unconstitutional, the other parts hereot not affected thereby shall remai valid.

Sec. 11. Repealing Clause. - All laws, acts, presidential decrees, executive

orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly.

Sec. 12. Effectivity. - This Act shall take effect fifteen (15) days after its

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