Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No. 3116

Introduced by Representative CHING BERNOS

‘THE MAGNA CARTA FOR PRIVATE SCHOOL TEACHERS

EXPLANATORY NOTE

Republic Act 4670, known as the Magna Carta for Public School Teachers, has
provided security and protection to public school teachers since its enactment in 1966.
For more than fifty years, it has improved the socio-economic status of public school
teachers, providing guidelines for their employment, salaries, and working conditions.
However, private school teachers have no statute to count on to ensure their protection
and civil rights as educators.

Teachers play a vital role in the development and progress of our society. As
educators, they have the ability to shape future leaders on a local and global scale. They
also act as a support system, pushing students to go further and inspiring them to
aspire bigger. Thus, our private school teachers deserve legislation to advance the same
rights and protection our public school teachers have.

This measure seeks to improve the quality of life of our private school teachers
and provide safeguards against inequitable treatment. Moreover, this measure provides
fundamental standards regarding their employment and working conditions such as
criteria in the setting of salaries; monetary benefits and leave benefits; their right to self-
organization and basic trade union; and other penalties for violation of any rights of
private school teachers.

In light of the foregoing reasons, the approval of this bill is earnestly sought.

|. CHING BERNOS

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No. 3 1 16

Introduced by Representative CHING BERNOS

THE MAGNA CARTA FOR PRIVATE SCHOOL TEACHERS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

ARTICLE I
GENERAL PROVISIONS

SECTION. 1. Declaration of Policy. - It is hereby declared to be the policy
of the State to promote and improve the social and economic status of private school
teachers, their living and working conditions, their terms of employment and career
prospects in order that they may compare favorably with existing opportunities in
other walks of life, attract and retain in the teaching profession more people with the
proper qualifications, it being recognized that teachers in private schools play a vital
role in the delivery of education to Filipino children.

SEC. 2. Guiding Principles. ~ in matters involving the rights and welfare of
private school teachers, the following are the guiding principles:

a) Education is a vital function of society and as such, shall be given due

recognition and support by the government.

b) Teachers play an essential role in inculcating upon pupils and students
respect for human rights and for fundamental freedoms and in the total
development of a human personality and of the nation as a whole. It is
important, therefore, that their own civil, political, and socio-economic rights
shall be respected, protected, and fulfilled.


c) Teachers comprise the largest group of professional and service workers of
society and, if united, can be potent agents of progressive reform in the
educational system and the nation as a whole.

d) Working conditions for teachers should be such as will best promote
effective teaching, research, and extension work to enable them to carry out
their professional tasks.

€) All aspects of employment and tenure of teachers shall be free from any
form of discrimination on grounds of sex, gender, civil status, religion, political
belief or affiliation, economic condition, or membership in any organization.

) Faculty organizations shall be recognized as a force that can contribute
greatly to the advancement of the rights and welfare of teachers. Therefore,
their right to participate in the determination of education and personnel
policies shall be fully respected.

8) Teachers have the capacity to propagate a nationalist and scientific
education.

SEC. 3. Construction in Favor of Teachers. - All doubts in the
implementation and interpretation of the provisions of this Act including its
implementing rules and regulations shall be resolved in favor of teachers.

SEC. 4. Definition. - As used in this Act, “teacher” shall mean all persons
engaged in classroom teaching in any level of instruction on full-time or part-time
basis.

ARTICLE It
RECRUITMENT AND CAREER

SEC. 5. Minimum Qualifications of a Private School Teacher. - Teaching
personnel in pre-school, elementary, and secondary level of basic education in all
private schools must possess professional teaching licenses. For basic education,
those who have not passed the Licensure Examination for Teachers (LET) but have
pre-LET required Education units may be hired, Provided, that they shall be given at
least three years from the date of hiring, or from the effectivity of this Act in cases of
teachers already hired, to take and pass the LET. Furthermore, a master’s degree in
teaching, education, pedagogy, and other similar, related, or allied disciplines shall
deem an equivalent of a professional teaching license for purposes of this Section


For all levels of instruction, the following shall constitute the minimum
educational qualifications for teacher-applicants:

a) Pre-school and elementary - Bachelor's degree in elementary education or
its equivalent, Pre-school teachers shalll have at least six units of professional
subjects relating to pre-primary education,

b) Secondary, for Academic subjects - Bachelor’s degrees in secondary
education or its equivalent or Bachelor of Arts or Science degree or its
equivalent with at least eighteen professional units in education.

c) Secondary Vocational and Two-Year Technical Courses - Bachelor's degrees
in the field of specialization with at least eighteen professional units in
education.

d) Collegiate Level other than Vocational - Master’s degrees with a specific area
of specialization or specialization in an allied discipline except when there is
a lack of applicants with a Master’s Degree in which case a bachelor’s degree
in a specific area of specialization or specialization in an allied discipline will
suffice subject to regulations which the CHED will impose. Other equivalent
professional experience, especially for practitioners of skills related to an area
of specialization or an allied discipline, shall also be deemed as equivalent to
the degree requirement for the purpose of hiring college teachers, subject to
reasonable regulations which the CHED may impose.

€) Graduate School Level - Doctor of Philosophy with a specific area of
specialization except when there is a lack of applicants with PhD, in which
case, a master’s degree in specific area of specialization will suffice subject to
reasonable regulations which the CHED may impose. Furthermore, other
equivalent professional experience, especially for practitioners of skills related
to an area of specialization or an allied discipline, shall be deemed equivalent
to the degree requirement for the purpose of hiring graduate-level teachers in
certain instances, subject to reasonable regulations which the CHED may
impose.

No provision of this Act may be used as a basis for diminution of pay or
benefits, demotion in rank or status, or dismissal of non-holders of professional
teaching license or its equivalent.

SEC. 6. Tenure/Permanency and Full-Time/Part-Time Status. - As in
public schools, when recruitment takes place after adequate training and


professional preparation in any school recognized by the Government, the teachers
shall be considered tenured upon hiring, provided that the conditions of hiring are
strictly related to professional competence and the pertinent degree requirement/s
have been complied with. For basic education, teachers and non-Education
graduates who have pre-LET required education units, but have yet to take or have
yet to pass the LET, shall be deemed as tenured upon satisfying the LET requirement
or its equivalent at any time within the three-year period from the date of hiring. For
tertiary education and graduate level, teachers who are hired on a full-time basis are
considered tenured upon hiring.

Part-time teachers who have rendered at least one school year, two semesters,
or three trimesters of service, be it consecutive or not, shall have the right to signify
their intention to the school authorities to become full-time, and hence, a permanent
teacher.

For basic education, all teachers shall be hired on a full-time basis. Vocational
schools and senior high schools can choose to hire some part-time teachers,
especially practitioners of specific skills or full-time college teachers, for specific
instances, subject to DepEd’s regulations.

For tertiary education, the full-time to part-time teacher ratio shall be 7:3.

SEC. 7. Teachers on Probationary Period. - Probationary employment of
teachers shall not exceed six months from the date the teacher started working. The
services of an employee who has been engaged on a probationary basis may be
terminated for a just cause or when he or she fails to qualify as a regular employee
in accordance with reasonable standards made known by the school administration
to the teacher at the time of the engagement of the latter. A teacher who is allowed
to work after the lapse of the probationary period shall be deemed as a regular
employee.

SEC. 8. Security of Tenure. - Teachers shall be assured of stability of
employment and security of tenure. No private school teacher shall be dismissed by
the school except for cause and the proper observance of due process.

SEC. 9. Consent for Transfer. — Except for cause and as herein otherwise
provided, no teacher shall be transferred without their consent from one branch,
station, or campus to another. However, where the exigencies of the service require
the transfer of a teacher from one branch, station, or campus to another, such
transfer may be affected by the school administration only after notifying the teacher


in writing with regard to the reasons for the transfer, at least 90 days prior to the
transfer. If the teacher believes there is no justification for the transfer, he or she
cannot be compelled to transfer to any branch, station, or campus if such fact will
result into additional burden and expense on the part of the latter. Acceptance of
notification and transfer will only be valid if it is in writing and signed by the teacher.

SEC. 10. Discrimination Against Teachers Prohibited. - There shall be no
discrimination whatsoever in the entrance to the teaching profession or during its
exercise or in the termination of service based on consideration other than
professional qualifications.

SEC. 11, Advancement and Promotion of Teachers in Basic Education. -
Subject to necessary qualifications, teachers shall be assured opportunities to move
from one type or classification to a higher level or rank.

Promotion shall be based on objective assessment of the teacher's
qualifications for the new post by reference to strictly professional criteria laid down
in consultation with teacher's organizations existing within the school. There shall
be transparency in the computation of teacher’s evaluation which is composed of the
following criteria the respective weights of which shall be set upon consultation with
all stakeholders including teachers’ organization or union: self-evaluation, student
21 evaluation, peer/co-faculty and staff evaluation, and administration evaluation.

SEC. 12. Ranking of Faculty Members in Higher Education. ~ Faculty
members in higher education shall be assigned academic ranks in accordance with
their academic training and scholarship. Criteria for ranking shall be performance
oriented and determined in collaboration with the teachers’ organizations. Teachers
have the right to choose what components shall bear more weight in their respective
situations: teaching/instruction, service/community engagement, and 28
research/scholarship.

‘Anew member of the faculty at the collegiate level shall begin as an instructor,
provided that there shall be opportunities for promotion to a higher rank upon hiring,
if such appointed designation is warranted by his experience, training and
scholarship credentials.

SEC. 13. Academic Freedom. - Teachers shall enjoy academic freedom in the
discharge of their professional duties, particularly with regard to teaching and
classroom methods. In particular, the concept of teachers’ academic freedom shall
consist of the following rights:


a) the teacher’s freedom in the exposition of his or her own. subject and related
matters in the classroom or in speeches and publications;

b) the teacher's freedom in the choice of subjects of research and investigation
undertaken on their own initiative;

¢) the school authorities’ recognition that whenever the teacher is speaking or
writing outside of their field of study, he or she shall be entitled to the same
responsibility as attached to all other citizens; and

d) the teacher’s right to choose textbooks and other references or
supplementary instructional materials he or she deems fit to his or her
particular subject or discipline.

ARTICLE IL
HOURS OF WORK, REMUNERATION, AND LEAVES

SEC. 14. Teaching Hours. ~ Actual classroom teaching in basic education
shall not be more than six hours a day and shall be so scheduled as to give teachers
time for the preparation and correction of exercises and other work incidental to
normal teaching duties, Provided, however, that where the exigencies of the service
so require, teachers may be required to render more than six hours but not exceeding
eight hours of actual classroom teaching a day upon payment of additional
compensation at the same rate as his or her regular remuneration plus at least
twenty-five percent of the basic pay.

For a faculty member in higher education, his or her regular full-time load
shall not be more than twelve hours per week with two preparations in line with the
teacher's major subject except as otherwise provided herein. However, said teaching
load may be reduced in case a member of the faculty is occupied either in research,
creative writing, or other productive scholarship or is assigned to perform
administrative or committee work in which case the dean or director may recommend
the appropriate teaching load, Provided, however, that the total working hours spent
on both teaching and administrative or other duties shall not exceed fifteen hours
per week.

SEC. 15. Additional Compensation. - Notwithstanding any provision of
existing law to the contrary, teachers may be given co-curricular and off-campus
activities or any other activities beyond their normal duties that will make them work
longer than their regular workload, Provided, that they shall be paid the regular


compensation for the actual hours worked plus an additional compensation of at
least twenty-five percent of their regular remuneration.

SEC. 16. Hardship Allowances. — in areas where teachers are exposed to
hardship peculiar to the place of employment such as difficulty in commuting to the
place of work, conducting laboratory experiments, or other hazards, they shall be
compensated with special hardship allowance equivalent to at least twenty-five
percent of their monthly salary. For laboratory subjects in college, the hardship
allowance should be automatically granted on a monthly basis.

SEC. 17. Criteria for Salaries. - Teacher's salaries shall:

1. Reflect the importance to society of the teaching function and hence

the importance of teachers as well as the responsibilities of all kinds
which fall upon them from the time of their entry into the service;

2. Compare favorably with salaries paid in other occupations requiring
similar or equivalent qualifications, training, and abilities;

3. Provide teacher with the means to ensure a reasonable standard of life
for themselves and their families as well as to invest in further
education or in the pursuit of cultural activities, thus enhancing their
professional qualification;

4, Take into account the fact that certain posts require higher
qualifications and experience and carry greater responsibilities;

5. Be paid regularly and on time;

6. Be reviewed periodically to take into action such factors as a rise in the
cost of living, increased productivity leading to higher standards of life,
or a general upward movement in wage or salary levels;

7. Not be less than the entry-level salary of that a public school teacher,
in the case of private school teachers with an entry-level rank.

SEC. 18. Salaries Paid on Monthly Basis. - Salaries of teachers shall be
paid on monthly basis for a period of twelve months regardless of semestral or
summer vacations. For purposes of this Section, monthly basis shall mean that
teachers shall be considered paid for all the days of the month including rest days
and holidays. Teachers who are required to work during semestral or summer
vacations shall be paid an additional compensation pro rata.


SEC. 19. Annual Salary Adjustment. - Salary scales of teachers shall be
adjusted upward annually, upon consultation with teachers’ organizations, to
mitigate the effects of inflation as measured by the consumer price index.

SEC. 20. Deductions Prohibited. - No person shall make any deduction from
the salaries of teachers except under specific laws authorizing such deductions.

ARTICLE IV
LEAVE AND RETIREMENT BENEFITS

SEC. 21. Sick Leave. - Full-time teachers in basic education shall be entitled
to an annual sick leave with pay of fifteen working days. Part-time teachers in basic
education shall be entitled to sick leave with pay on pro-rated basis. Faculty
members in the collegiate level, whether full-time or part-time, shall enjoy sick leave
with pay of fifteen working days. Unused sick leave shall be accumulated to not more
than sixty days and converted to cash upon resignation or retirement of the teacher
concerned.

SEC. 22. Vacation Leave. - Full-time teachers shall be entitled to an annual
vacation leave with full pay of fifteen days.

SEC. 23. Indefinite Leave. - An indefinite sick leave of absence shall be
granted to teachers when the nature of the illness demands a long treatment that
will exceed one year at the least.

SEC. 24. Emergency Leave. - In case of calamities where a teacher becomes
a victim, or in the event of death in his or her immediate family, or any serious
accident befalling him or her or a dependent, he or she shall be entitled to an
emergency leave with pay of not exceeding five days per year.

SEC. 25. Study Leave and Sabbatical Leave. - In addition to these leave
privileges now enjoyed by teachers in private schools, they shall be entitled to study
leave not exceeding one school year at any given year after five years of accumulated
service, consecutive, or not. During the period of such leave, the teachers shall be
entitled to 100% of their monthly salary. All private school teachers are also entitled
to avail of a sabbatical leave—equivalent to a one-year leave—after every seven years
of accumulated service, consecutive or not. Sabbatical leaves can be postponed as
per the request of teachers. In all cases, the study leave and sabbatical leave period
shall be counted for seniority, promotion, and pension purposes.


SEC. 26. Other Leaves. — Subject to the guidelines to be set by DepEd and
CHED in coordination with national teachers’ organizations, private school teachers

shall also be entitled to other forms of leaves including, but not limited to the
following: rehabilitation leave, bereavement leave, short-term vacation leave, and

professional leave.
ARTICLE V
HEALTH MEASURES AND INJURY BENEFITS

SEC. 27. Medical Examination and Treatment. - Compulsory medical
examination shall be provided free for all private school teachers before their
employment and annually thereafter.

Where medical examination shows that medical treatment and/or
hospitalization is necessary for infectious diseases or injuries suffered not only
during teaching or on-campus activities but also when engaged in school-related
activities away from the schoo! premises or off-campus, the same shall be provided
free by the school concerned. With regard to the aforementioned diseases or injuries,
the school should also shoulder 100% of professional fees for any treatment,
medication, and/or hospitalization required or recommended by medical
professionals.

In regions where there is scarcity of medical facilities, teachers may obtain
elsewhere the necessary medical care with the right to be reimbursed for their

traveling expenses by the private school management concerned.

SEC. 28. Compensation for Injuries. - Teachers shall be protected against
the consequences of employment injuries in accordance with existing laws. The
effects of the physical and nervous strain on the teacher's health shall be recognized
as a compensable disease in accordance with existing laws.

SEC. 29, Social Security. - Social security benefits of teachers shall strictly
be pursuant to applicable laws including those administered by the Social Security
System. However, this shall be without prejudice to benefits higher than the
standards set by laws, either pursuant to policies set by school employers or
pursuant to agreements, including collective bargaining agreements entered by
school employers and teachers’ unions. School employers shall endeavor to
formulate such policies and agreements towards meeting the standards of social
security set out in relevant instruments of the International Labor Organization, in
particular the Social Security Convention of 1952.


SEC. 30. De Minimis Benefits. - Private school teachers are also entitled to
de minimis benefits that include eyeglass allowance, rice allowance, clothing
allowance, wellness allowance, data packet/communications allowance, full HMO
coverage for the teacher and their spouse and their children (or parent/s from either
side}, and full HMO coverage for single teachers and both parents. Schools are highly
encouraged to provide additional de minimis benefits, beyond those listed in this
Section.

ARTICLE VI
TEACHERS’ ORGANIZATIONS

SEC. 31. Freedom to Organize. - Private school teachers shall have the right,
freely and without previous authorization, to establish and to join organizations of
their choosing, whether local or national, to further defend their economic, civil, or
political interests. Schools where there are no faculty organizations or unions shall
allow the formation of such organizations or unions, within six months of the
implementation of this Act.

SEC. 32. Discrimination Against Teachers Prohibited. - It shall be
unlawful for any person to commit any act of discrimination against teachers which
are calculated:

a) To make the employment and/or promotion of the teacher subject to the
condition that he or she shall not join an organization, or shall relinquish
membership in an organization;

b) To cause the dismissal of, or otherwise prejudice a teacher by reason of

membership in an organization, activity outside school hours, or with the

consent of the proper school authorities within school hours; and

¢) To prevent him or her from carrying out the duties imposed upon him or

her by his or her position in the organization, or to penalize him or her for an

action undertaken in that capacity.

SEC, 33. Participation in Policy Making. - Teachers shall have the right to
be actively represented in the Governing Boards of their respective schools, colleges,
and universities and shall be consulted in the formulation of professional standards,
educational policies, and other rules affecting their rights and welfare.

SEC. 34. Strike, Picketing, and Other Concerted Activities. - The right of
teachers and their organizations to conduct strikes, pickets, and other concerted

10


activities shall not be impaired in any manner, nor their exercise prejudice any
teacher or teachers’ organization.

ARTICLE I
FINAL PROVISIONS

SEC. 35. Teaching of the Magna Carta of Private School Teachers. - The
teaching of this Act shall be compulsory in all schools offering courses in education.

SEC. 36. Implementing Rules and Regulations. - The Department of
Education, the Commission on Higher Education, and the Department of Labor and
Employment, in consultation with teachers’ organizations, shall jointly promulgate
the rules and regulations necessary to implement the provisions of this Act. Rules
and regulations issued pursuant to this Section shall take effect thirty days after
publication in a newspaper of general circulation or by such other means as the
Secretaries deem reasonably sufficient to give all concerned parties general notice of

such issuance.

SEC. 37. Penal Provision. - A person who willfully interferes with, restrains
or coerces any teacher in the exercise of his or her rights guaranteed by this Act or
who, in any manner, violates any provision of this Act or the rules duly issued
hereunder, shall be punished with a fine of not less than one hundred thousand
pesos or by imprisonment of not more than six years, or both, in the discretion of
the court. This provision shall be without prejudice to the liabilities of persons under
civil laws.

SEC. 38. Administrative Sanctions. - The implementing Rules and
Regulations shall include therein the appropriate rules for the imposition of
administrative sanctions upon private schools that will violate any of the foregoing
rights of a private school teacher.

SEC. 39. Separability Clause. - If any provision of this Act is declared
invalid, the remainder of this Act or any provisions not affected thereby shall remain
in force and effect.

SEC. 40. Effectivity Clause. - This act shall take effect fifteen (15) days after
its publication in the Official Gazette or in at least two newspapers of general

circulation, whichever comes earlier.

Approved,

"1