2008 O - 13 - ADOPTING THE NHIP ITS IMPLEMENTING RULES AND REGULATIONS AND RELATED ISSUANCES AND ALLOCATING BARANGAY FUNDS

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 18, 2008 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - - - - - City Vice-Mayor & Presiding Officer
Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes - - - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia- - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu - - - - - - - - - - - - - - - - - - - - - “ “

ABSENT:

Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
(On Leave)
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - - SK Federation President


WHEREAS, Section 11, Article XIII of the 1987 Philippine Constitution declares that the state shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other services available to all people at affordable cost. Priority for the need of the underprivileged sick, elderly, disabled, women and children shall be recognized. Likewise, it shall be the policy of the state to provide free medical care to paupers;

WHEREAS, to implement the aforementioned constitutional provision, the Philippine Congress enacted Republic Act No. 7875, “An Act Instituting a National Health Insurance Program (NHIP) and Establishing the Philippine Health Insurance Corporation (PhilHealth)” for the purpose;

WHEREAS, pursuant to Section 393 of the Local Government Code of 1991, Barangay Officials and personnel, whether elected or appointed are entitled to receive honoraria, allowances, insurance and other benefits during their incumbency, chargeable to barangay or the city or the municipal government to which the barangay belongs;

WHEREAS, the Department of Interior and Local Government (DILG) and the Local Government Leagues entered into a Memorandum of Understanding with PhilHealth or the implementation of the NHIP on October 10, 2001;

WHEREAS, on April 24, 2002, DILG issued Memorandum Circular No. 2002-66 entitled, “Enrolling Barangay Offficials And Personnel Including Volunteers To The PhilHealth Program;"

WHEREAS, in accordance with Section 387 of Republic Act 7160, the Punong Barangay, seven (7) Barangay Members, Sanggguniang Kabataan Chairperson, Barangay Secretary and Barangay Treasurer shall constitute the Chief Officials of the Barangay. In addition, “there shall also be in every barangay a Lupong Tagapamayapa;”

WHEREAS, Section 388 of the Local Government Code provides that “punong barangay, sangguniang barangay members, and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and security of life and property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority, shall be deemed agents of persons in authority;”

WHEREAS, Section 396 of the same Code, states that “Other Appointive Officials. – The qualifications, duties, and functions of all other barangay officials appointed by the punong barangay shall be governed by the provisions of this Code and other laws or by barangay ordinances;”

WHEREAS, the aforementioned officials and personnel are considered public officials/employees under Section 2 (d) of Republic Act 8291 of the New GSIS Act, which says that “… an employee is any person receiving compensation whether by election or appointment irrespective of status or appointment including Sanggunian and Barangay Officials;”

WHEREAS, Barangay Officials and Personnel may be covered under the Medicare for the Employed of the NHIP using Barangay Funds as per PhilHealth Circular 08, Series of 2003. However, Purok Leaders, Barangay Tanod, Rescue Operations Personnel, Barangay Health Workers (BHW), Barangay Radio Operators, Barangay Maintenance Man, Barangay Volunteers or Neighborhood Watch and Messengers may be covered under the Indigent Program using Barangay Funds as well;

WHEREAS, the City of Olongapo recognizes the noteworthy contributions of the Barangays, their officials and personnel, constantly putting themselves in danger in the maintenance of peace and order in their areas of responsibility;

WHEREAS, enrollment in the PhilHealth Program shall significantly help reduce the City’s subsidy for the hospitalization costs of Barangay Officials, therefore giving the City the opportunity to subsidize auxiliary health and social services;

WHEREAS, the Barangay is mandated to include appropriations for the enrollment of its officials and personnel including volunteers in the PhilHealth Program in its annual budget;

WHEREAS, this august body, considering the beneficent features of RA 7875 as it will vastly improve the over all health status of the Barangay Officials and personnel and ultimately, their general quality of life agrees to support the adoption and implementation of the National Health Insurance Program;

NOW, THEREFORE, on motion of Councilor Angelito W. Baloy, co-sponsored by Councilor Carlito A. Baloy with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:

ORDINANCE NO. 13
(Series of 2008)

AN ORDINANCE ADOPTING THE NATIONAL HEALTH INSURANCE PROGRAM (NHIP), ITS IMPLEMENTING RULES AND REGULATIONS AND RELATED ISSUANCES AND ALLOCATING BARANGAY FUNDS FOR THE COVERAGE OF BARANGAY OFFICIALS AND PERSONNEL INCLUDING VOLUNTEERS

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. Short Title. This Ordinance shall be known as the “BARANGAY PHILHEALTH ENROLLMENT ORDINANCE OF OLONGAPO CITY”.

SECTION 2. Adoption of the National Health Insurance Program. This Ordinance adopts the National Health Insurance Program (NHIP), its Implementing Rules and Regulations and Related Issuances are incorporated herein.

SECTION 3. Appropriations. The Barangay is required to enroll its officials and personnel including volunteers to the PhilHealth Program during their tenure to be paid out of barangay funds, the number of enrollees depending on their capacity to pay.

SECTION 4. Separability Clause. If any provision of this Ordinance is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions thereof.

SECTION 5. Effectivity. This Ordinance shall take effect upon its approval.

APPROVED UNANIMOUSLY, March 18, 2008.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor


EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay
(On Leave)


CHEENEE F. HOYA
SK Federation President
(Absent)


ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor