Republic of the Philippines

Province of Surigao del Sur

CITY OF BISLIG

TANGGAPAN NG SANGGUNIANG PANLUNGSOD

ORDINANCE ENACTED DURING THE 106TH REGULAR SESSION OF THE

EIGHTH SANGGUNIANG PANLUNGSOD OF THE CITY OF BISLIG, HELD ON THE
14TH DAY OF DECEMBER, 2021 AT THE SANGGUNIANG PANLUNGSOD
SESSION HALL, BISLIG CITY, SURIGAO DEL SUR.

Present:

HON. JONAS A. CACAYAN

City Vice Mayor
(Presiding Officer)

Regular Members:
Hon. Alfredo J. Carmelo - City Councilor
Hon. Aaron E. Castillo - -do-
Hon. Romeo F. Cacayan - -do-
Hon. Edmund R. Estrella - -do-
Hon. Edgar B. Corvera - -do-
Hon. David K. Salazar, Sr. - -do-
Hon. Victor B. Alvar, Jr. - -do-
Hon. Geoffrey G. Cagakit - -do-
Hon. Mario S. Alvizo - -do-
Hon. Soriano R. Casas - -do-

Ex-Officio Members:
Hon. Rolando E. Millan, RME - ABC President
Hon. Florio S. Josafat, Jr. - IP Representative
Hon. John Paul V. De Jesus - SK Federation President

ORDINANCE NO. 2021-34

Authored by:
Hon. Alfredo J. Carmelo
Co-Authored by:
Hon. Edmund R. Estrella
Hon. Roland E. Millan, RME
Sponsored by:
Hon. Aaron E. Castillo Hon. Jonas A. Cacayan
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“PROTECTION AN ORDINANCE PROTECTING THE TENURE OF DAY CARE

WORKERS, BARANGAY HEALTH WORKERS AND BARANGAY NUTRITION
SCHOLARS, AND PROVIDING FUNDS AND FOR OTHER PURPOSES”

WHEREAS, Republic Act No. 7883, otherwise known as the Barangay Health
Workers and Incentives Acts of 1995 guarantees the protection and welfare of BHWs
to ensure the unhampered delivery of primary health services at the community level;
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SP Ord. No. 2021-34 “Protection Ordinance for Day Care Workers, Barangay Health Workers,
Barangay Nutrition Scholars providing funds and for other purposes”
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WHEREAS, like the Barangay Health Workers (BHWs), the Barangay Nutrition
Scholars (BNS), Day Care Workers are considered the stewards in the delivery
of basic services and considered as frontliners in the on-going fight against
the COVID -19 pandemic;

WHEREAS, there are several complaints regarding the unceremonious

termination of these Barangay Workers due to political reasons and are being
replaced by individuals closed to the Local Chief Executive but lack the necessary
training and experience;

WHEREAS, there is a need to set a guideline in the termination of these vital

barangay workers in order to ensure the delivery of basic services in the community
level;

NOW THEREFORE, BE IT ORDAINED by the SANGGUNIANG

PANLUNGSOD OF BISLIG CITY in a session duly assembled and seconded that:

SECTION 1. Title - This Ordinance shall be known as the “Barangay

Workers Protection Ordinance”.

SECTION 2. Scope and Coverage - These shall take effect within the City
of Bislig and Covers all Day Care Workers, Barangay Health Workers, Barangay
Nutrition Scholars, regardless of employment status.

SECTION 3. Definition of Terms -

a. Barangay Health Worker (BHW) - refers to a person who has

undergone training programs under any accredited government and non-
government organization and who voluntarily 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).

b. Barangay Nutrition Scholar (BNS) – refers to a person who has

undergone training programs to be deployed in every barangay to
monitor the nutritional status of children and/or link communities with
nutrition and related service providers.

c. Day Care Worker (DCW) – is a person in the barangay who provides

infant/toddler with appropriate learning activities and experiences
designed to fulfill their potential for intellectual, emotional, physical, and
social growth.

SECTION 4. Grounds for Termination - a Barangay Worker under this

Ordinance may be terminated under the following grounds:

a. In cases of willful and intentional disobedience, or gross misconduct,

with regards to the assigned work-related duties;
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SP Ord. No. 2021-34 “Protection Ordinance for Day Care Workers, Barangay Health Workers,
Barangay Nutrition Scholars providing funds and for other purposes”
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b. Repeated and gross neglect of duties;

c. Outright fraud or an intentional breach of trust;
d. The commission of a criminal offense by the barangay worker against
any of the barangay officials; and
e. Other analogous cases to the four grounds aforementioned.

SECTION 5. Procedural Requirements for Termination

a. VERIFIED COMPLAINT - Any person can file a verified complaint before

the Sangguniang Barangay against any erring barangay worker.

b. REFERRAL TO THE COMMITTEE CONCERNED - The verified

complaint shall be referred to the proper committee of the concerned
barangay council concerned.

c. FIRST WRITTEN NOTICE - The chair of the committee should send a

first written notice to be served upon the barangay worker concerned
which should contain the specific causes or grounds for termination and
a directive that the employee is given the opportunity to submit his
written explanation within a reasonable period of five [5] days from
receipt. The first notice should contain a detailed narration of the facts
and circumstances that will serve as basis for the charge against the
employee. A general description of the charge will not suffice. The notice
should specifically mention which ground or grounds are violated under
Section III of this ordinance.

d. HEARING - After serving the first notice, the committee should schedule
and conduct a hearing or conference wherein the employee concerned
will be given the opportunity to: (1) explain and clarify their defenses to
the charge against them; (2) present evidence in support of their
defenses; and (3) rebut the evidence presented against them by the
complainant. During the hearing or conference, the barangay worker is
given the chance to defend themselves personally, with the assistance
of a representative or counsel of their choice. Moreover, this conference
or hearing could be used by the parties as an opportunity to come to an
amicable settlement.

e. DECISION - After determining whether the termination of employment is

justified or not, the COMMITTEE concerned shall make a written report
to that effect.

f. CONCURRENCE BY THE SANGGUNIANG BARANGAY - The written

report shall be deliberated upon and to be decided by a majority vote of
the Sangguniang Barangay through a resolution.

g. FINAL NOTICE OF TERMINATION - The barangay should serve to the

worker a written notice of termination in the form of a resolution
indicating that: (1) all circumstances involving the charge against the
 worker have been considered; and (2) grounds have been established to
justify the severance of his employment.

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SP Ord. No. 2021-34 “Protection Ordinance for Day Care Workers, Barangay Health Workers,
Barangay Nutrition Scholars providing funds and for other purposes”
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SECTION 6. Administrative Sanction - Pursuant to Local Government

Code Section 60 (c), (e) (h) and Section 61 (c).

a. Dishonesty, oppression, misconduct in office, gross negligence, or

dereliction of duty;

b. Abuse of authority;

c. Such other grounds as may be provided in this Code and other laws. An
elective local official may be removed from office on the grounds
enumerated above by order of the proper court;

d. A complaint against any elective Barangay Official shall be filed before

the Sangguniang Panlungsod or Sangguniang Bayan concerned whose
decision shall be final and executory.

SECTION 7. Non-Compliance with the Requirements - Non-compliance

with the requirements for termination entitles the concerned worker for
reinstatement.

SECTION 8. Honorarium - All the Day Care Workers, Barangay Health

Workers, and Barangay Nutrition Scholars are all entitled to an additional
One Thousand Pesos (Php1,000.00) each per month as honorarium.

SECTION 9. Funds Allocation - The City Government of Bislig shall

allocate the amount of Five Million Pesos (Php5,000,000.00) as their initial fund
for this Ordinance.

SECTION 10. Separability Clause - If any provision of this Ordinance is

declared invalid or unconstitutional, the remaining provision not affected shall
continue to have full force and effect.

SECTION 11. Repealing Clause. - All other ordinances, rules and

executive orders inconsistent with the provision of this ordinance are hereby
repealed and modified accordingly.

SECTION 12. Effectivity Clause. This ordinance shall take effect upon
approval in accordance with law.

ENACTED this 14th day of December, 2021.

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SP Ord. No. 2021-34 “Protection Ordinance for Day Care Workers, Barangay Health Workers,
Barangay Nutrition Scholars providing funds and for other purposes”
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I HEREBY CERTIFY to the correctness of the foregoing Ordinance.

ROSENDO R. CAMPOS, M.P.A.

Secretary to the Sanggunian

ATTESTED AND CERTIFIED

TO BE DULY ENACTED:

JONAS A. CACAYAN
City Vice Mayor
(Presiding Officer)

APPROVED:

FLORENCIO C. GARAY
City Mayor

Date of approval: _________

rc: SPMAJC /DRCA/RRC

TN:2021-08-1181
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Tel. No.: (086) 853-6089, local 131 Address: 2nd Floor East Wing, City Hall Building
E-mail Address: Spo@bislig.gov.ph Nat’l. Highway, Bislig City, Surigao del Sur