THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
“7 
d 
S. B. NO. 
d ,  
Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
Day care service centers have proven to be an effective component of alternative 
childhood development program, designed to assist parents, who for economic reasons 
are compelled to abandon parenting to pursue pecuniary endeavors. 
Unfortunately, despite the growing enormous significance of such centers, as 
dictated by ever changing perspectives on effective parenting, the government appears to 
be not hlly supportive of the same, as manifested in its failure to look after the welfare 
and interest of hundreds of day care workers in the country. 
In fact, may of these service providers merely receive a meager monthly 
allowance of P500, are often neglected in crucial programs for government employees 
and do not enjoy security of tenure. More often than not, their appointment is even left to 
the whims and caprice of elected public officials. 
Radical change is needed. 
If the country is to pursue effectively its institutionalized childhood development 
program, there is a need to improve the living conditions of our day care workers and to 
restore the dignity and nobility of their calling through conscious efforts to 
professionalize their service. 
Hence, the proposed measure seeks to promote, protect and improve the social 
and economic welfare of day care workers, in order to ensure their rendering of high 
quality of service. 
Immediate passage of this bill is earnestly sought. 
LUISA 6‘LOIqPp. EJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
e 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
”? 
,” 
S. B. NO. 
,& 
Introduced by SENATOR LUISA “LOI’’ P. EJERCITO ESTRADA 
AN ACT 
GRANTING THE MAGNA CARTA FOR DAY CARE WORKERS, PROVIDING 
FUNDS THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Title. - This Act shall be known and cited as the “Magna Carta for 
Day Care Workers”. 
SECTION 2. Declaration of Policy. 
- 
It is hereby declared the 
policy of the State to promote and improve the social and economic status of day care 
workers. Toward this end, the State shall adopt policies that will protect the rights of day 
care workers and promote their welfare. 
SECTION 3. Coverage. 
- 
This Act shall cover all persons engaged in 
providing Early Childhood Development in government sponsored day care centers 
whose primary hnction is to assist in the care of the children and provide social 
development, education, and other needs of the children. 
SECTION 4. Qualification. 
- 
A day care worker must be of legal 
age, possesses a career sub-professional 
eligibility and must be trained in Early 
Childhood Care and Development. Provided, however, that the incumbent day care 
worker who has been serving for the last five (5) years upon approval of this Act and 


does not meet prescribed educational qualification standard shall not be disqualified; 
Provided, fbrther, that such day care worker shall finish the day care worker training 
course provided by the Department of Social Welfare and Development (DSWD) within 
one (1) year from effectivity of this Act. 
SECTION 5. Recruitment. - 
A qualified day care worker shall file hisher 
application with the local government unit concerned. Under no circumstances shall an 
applicant for the position of day care worker be discriminated against on the basis of 
gender, religion, age, status, race, or political affiliation. 
SECTION 6. Salary. 
- 
A day care worker shall receive a salary 
equivalent to : 
Level 1 
- 
High School level to below second year college and 
a length of service of at least five (5) years shall 
receive salary equivalent to salary grade 6; 
Level 2 
- 
Second year college level shall receive salary 
equivalent to salary grade 8; and 
Level 3 
- 
College graduate level 
shall 
receive 
salary 
equivalent to salary grade 10. 
SECTION 7. WorkingHours. 
- 
A day care worker is required to 
render eight (8) working hours a day or a total of forty (40) working hours a week; 
Provided, that the municipal social welfare officer may require a day care worker to 
render services beyond hidher required working hours during emergency situations such 
as natural and man-made calamities. 
SECTION 8. Additional Compensation and Allowances. 
- 
Day 
Care Workers shall be provided additional compensation for services rendered beyond 
the required working hours. 
Day care workers assigned to hazardous places shall be given hazard pay. 


SECTION 9. Married Day Care Workers. 
- 
Whenever 
possible, 
married couples who are both day care workers shall be assigned in the same 
municipality or city. 
SECTION 10. Transfer and Tenure of OEce. 
- 
No day care worker 
shall be transferred from one center to another without hidher prior knowledge and/or 
consent. 
As provided under existing laws, no day care worker shall be terminated from 
work without due cause. 
SECTION 1 1. Leave Benefits. 
.. 
As provided for in existing laws, a 
day care worker is entitled to maternity/paternity, sick and vacation leaves. 
SECTION 12. Free Medical Examination and Treatment. 
- 
Pre- 
employment and annuaI medical examinations shall be provided by government 
hospitals, free of charge, to all day care workers. Day care workers suffering from work- 
related ailments shall be treated free of charge in government hospitals. 
SECTION 13. Insurance and Retirement Benefits. 
- 
Qualified day 
care workers shall automatically become members of the Government Service Insurance 
System (GSIS). 
Day care workers, having hlfilled the age service requirements of the applicable 
retirement laws, shall be given a one-step salary grade increase upon retirement which 
shall be the basis of computation of retirement pay and other retirement benefits. 
SECTION 14. Freedom to Organize. 
- 
Day care workers shall have 
the freedom to organize themselves without prior communication with the local 
government units to which they are assigned. 


Organizations of day care workers shall be consulted in the formulation of 
national policies and programs that will benefit the sector. 
Under no circumstances shall any day care worker be dismissed on the basis of 
hidher membership in any organization of day care workers. 
Within 
six (6) months upon approval of this Act, the DSWD, in consultation with the national 
organization of day care workers, shall formulate a code of conduct for day care worker. 
Each day care worker shall be provided a copy of the code. 
SECTION 15. - 
Code of Conduct for Day Care Workers. - 
SECTION 16. Support from Non-government Organizations. - 
Non- 
government organizations or private volunteer organizations are hereby encouraged to 
assist the government in the implementation of programs and projects for day care 
workers. 
SECTION 17. Rules and Regulation. 
- 
The Department of Interior 
and Local Government (DILG) and the DSWD, in consultation with the Civil Service 
Commission (CSC) and the national organization of day care workers shall formulate the 
rules and regulations necessary to implement the provisions of this Act within six (6) 
months from its effectivity. 
SECTION 18. Appropriation. 
Salaries and other benefits of day care 
workers shall be charged to the local government units concerned. Training needs of day 
care workers shall be charged to the annual appropriations of the DSWD. 
SECTION 19. Penal Provision 
- 
Any 
person 
who 
violates 
the 
provisions of this Act shall be punished with a fine of not less than Five Thousand Pesos 


(P5,OOO.OO) and/or imprisonment of not less than two (2) months but not more than one 
(1) year, or both at the discretion of the court. 
If the offender is a public official, the court, in addition to the penalties stated 
above, may impose the additional penalty of disqualification from government service. 
SECTION 20. Separability Clause. - 
If any provision of this Act is 
declared unconstitutional or invalid, the provisions not affected thereby shall continue to 
be in full force and effect. 
SECTION 21. Repealing Clause. 
- 
All 
laws, 
presidential 
decrees, 
executjve orders, rules and regulations or any part thereof, which are inconsistent 
herewith are deemed repealed or modified accordingly. 
SECTION 22. Effectivity Clause. - 
This Act shall take effect fifteen (15) 
days after its publication in at least two (2) newspapers of national circulation. 
Approved,