bayRepublic of the PhilippinesProvince of Albay

Municipality of Guinobatan

OFFICE OF THE SANGUNIANG BAYANTel. No. (052) 484-6642; E-mail Add.: sbguinobatan@yahoo.com

EXCERPTS FROM THE MINUTES OF THE 20TH REGULAR SESSION OF THE SANGGUNIANG BAYAN HELD ON JUNE 9, 2014 AT 9:15 IN THE MORNING AT THE SANGGUNIANG BAYAN SESSION HALL, GUINOBATAN, ALBAY.

Present: Hon. Julio S. Tingson IV - Vice Mayor & Presiding OfficerHon. Carlomagno P. Flores - CouncilorHon. Juris L. Villareal - CouncilorHon. Frances John M. Oxales - CouncilorHon. Ryan B. Palomillo - CouncilorHon. Ricky S. Matza - CouncilorHon. Robert m. Banaga - CouncilorHon. Maria Sofia O. Orpiada - CouncilorHon. Jose M. Padilla - Councilor (ABC President)

Absent: Hon. Rolando P. Palabrica - Councilor (O.B.)

MUNICIPAL ORDINANCE NO. 011-2014

STRENGHTENING THE BARANGAY HEALTH WORKERS OF GUINOBATAN, ALBAY BY PROVIDING THEM THE NECESSARY INCENTIVES AND PROTECTION FROM UNDUE TERMINATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

Proponent: Hon. Vice-Mayor JULIO S. TINGSON IVSponsor: Hon. Councilor CARLOS P. FLORES

WHEREAS, the Barangay Health Workers (BHWs) are in the frontline in rendering primary health care services in the community and as such are exposed to extreme health risk and hazards and yet, despite these heavy tasks, they only receive a measly honorarium which cannot even cope-up with the rising costs of commodities and sometimes, if not most of the times, they are an open target of political harassment during and after barangay elections;

WHEREAS, despite these difficulties, BHWs remain true and committed in the performance of their duties and responsibilities bringing health services to our constituents up to the remotest areas of our municipality;

WHEREAS, it is high time that the Local Government of Guinobatan, in the spirit of social justice, give due recognition to the services of the Barangay Health Workers by conferring upon them some forms of protection against undue termination and by augmenting their minimal honoraria;

WHEREFORE, in view of the foregoing premises,

BE IT ORDAINED BY THE SANGGUNIANG BAYAN OF GUINOBATAN, ALBAY, THAT:

SECTION 1. TITLE. This local legislation shall be known as the “BARANGAY HEALTH WORKERS ORDINANCE of Guinobatan, Albay or simply as BHWO”.

SECTION 2. DECLARATION OF POLICY. The Municipal Government of Guinobatan (MGG) adheres to the declared policy of the State as provided in Section 2 of Republic Act No. 7883, otherwise known as the “Barangay Health Workers Benefits and Incentives Act of 1995”.

The Municipal Government of Guinobatan (MGG) likewise recognizes the work of Barangay Health Workers as a property right within the contemplation of the 1987 Philippine Constitution which therefore necessities its care and protection.

SECTION 3. DEFINITION OF TERMS. For purposes of this ordinance, the following terms shall mean:

a. Barangay Health Worker – refers to a person who has undergone the DOH basic training course for BHWs conducted by an accredited government agency or NGO and who voluntarily renders primary health care services in the community.

b. Accredited Barangay Health Worker – refers to a person who has undergone the DOH basic training course for BHWs conducted by an accredited government agency or NGO; have rendered voluntary primary health care services in his/her community for at least six (6) years; registered in the Municipal Health Board and accredited as such by the Board.

c. Registered Barangay Health Worker – refers to a person who renders voluntary primary health care services in his/her community for at least three (3) years and registered in the Municipal Health Board.

d. Primary Health Care Services - are essential health care services such as education on prevailing health problems, the methods of preventing and controlling them; promotion or adequate supply of safe water; basic environmental sanitation and adequate supply of safe water; maternal and child care including family planning and immunization against major infectious diseases; prevention and control of locally endemic diseases; appropriate treatment of common diseases and injuries; promotion of mental health; prevention of oral-dental diseases and promotion of dental health; provision and proper use of essential drugs and herbal medicines; and access and utilization of hospital care as centers of wellness.

SECTION 4. PROTECTION AGAINST UNDUE TERMINATION. The services of the Registered & Accredited Barangay Health Workers shall not be terminated without due process and only for authorized cause/s provided by law or by this ordinance. A copy of a termination paper shall be provided to the Municipal Health Board stating therein clearly the reason/s for such termination. Any termination made by the Barangay Council or Barangay Captain which is not in accordance with law or this ordinance, the Municipal Government shall not be bound thereof and it may require the concerned Barangay to provide in its budget the corresponding budgetary requirement for their honoraria and it will continue to provide their incentives as designated or appointed Barangay Health Workers.

SECTION 5. Grounds/Authorized Causes for Termination. An Accredited or Registered BHW may be terminated from service, after due notice and hearing, on any of the following causes:

a. Serious Misconduct or Willful Disobedience by the BHW of the lawful orders of the Municipal Health Office and/or Barangay Council or their authorized representatives in connection with his/her work.

b. Gross and Habitual Neglect of Duties.

c. Commission of a Crime or an Offense involving moral turpitude or an offense punishable by at least prision correctional which is from six months and 1 day to six years imprisonment.

d. Engagement or Participation in Political Exercises especially during elections.

e. When a BHW reaches the age of 65 years. And,

f. When no longer fit to render health service/s as certified by competent public medical practitioner due to health reasons.

SECTION 6. INCENTIVES. In addition to the monthly honoraria being given to them by their respective barangays, a monthly monetary incentives or counterpart shall be conferred by the Municipal Government of Guinobatan, Albay to the Barangay Health Workers in the following manner:

For Accredited BHWs @Php250.00 per MonthFor Registered BHWs @Php150.00 per Month

SECTION 7. NUMBER OF BHW PER BARANGAY. Each zone or purok in every Barangay shall only have one (1) BHW or one (1) BHW for every 500 inhabitants. Provided, that the current number of BHWs for all Barangays shall be retained. Provided further, that any further increase in the number of BHWs shall be subject to the prior approval of the Municipal Health Board.

SECTION 8. REQUIREMENTS FOR AVAILMENT OF INCENTIVES. The papers for the payment of these incentives shall be prepared by the Municipal Health Office in coordination with the Personnel and Treasury Offices. No payment of incentives shall be made to any BHW who is not included in the master list of Qualified BHWs duly certified by the Municipal Health Board.

SECTION 9. FUNDING. The amount of Php422,000.00 shall be appropriated for CY 2014 under the Municipal Health Office to cover for the incentives of all qualified Barangay Health Workers of Guinobatan, Albay starting from the month of July to December of the current year. However, in the year 2015 and onwards, an amount of not less than Php650,000.00 shall be appropriated in the said office in furtherance of this ordinance. This amount shall be integrated in the mandatory 5% budgetary allocation for Gender And Development (GAD) every year.

SECTION 10. REPEALING CLAUSE. Any provision/s of an ordinance, rules and regulations and/or part/s thereof inconsistent with the provision/s of this ordinance are hereby repealed and/or modified accordingly.

SECTION 11. SEPARABILITY CLAUSE. If any part/s of this ordinance be declared unconstitutional or invalid, the other part/s of this ordinance which are not affected thereby shall continue to be in full force and effect.

SECTION 12. EFFECTIVITY. This ordinance shall take effect on July 01, 2014.

ENACTED: JUNE 9, 2014 on third and final reading.

Voting on the Ordinance:

In favor : All members presentNot in Favor : None

WE HEREBY certify to the correctness of the foregoing ordinance and to be the final Ordinance of the Draft Municipal Ordinance No. 08-2013.

(SGD.) JULIO S. TINGZON IV (SGD.) CARLOMAGNO P. FLORES Proponent Sponsor

(SGD.) CHRISTOPHER O. PALEVINOSecretary to the Sangguniang Bayan

ATTESTED:

(SGD.) JULIO S. TINGZON IVVice-Mayor & Presiding Officer

APPROVED: June 20, 2014

(SGD.) ANN Y. ONGJOCOMayor