1
HouS.ei3iirNo. RE
EXPLANATORY NOTE
This bill seeks to provide more benefits and greater protection to teachers and  non-
teaching personnel all over the country by strengthening and amending certain provisions of
Republic Act No. 4670 or the Magna Carta for Public School Teachers.
Teachers  are  indeed  invaluable  to  our  society.  Their  responsibility  in  molding  the
values and character of the young generation of the country cannot be overestimated.  Aside
from  educating  our  children,  teachers  are  likewise  the  most  reliable  and  dedicated  public
servants.   They  are   being   constantly  called   upon   by  officials  of  the  local  and   national
government  to  assist  in  various  extra-curricular and  civic  activities  which  contribute  to  the
welfare  of the  community and  the  country,  most  notable  of which  is when  they guard  the
precincts and count the votes during election period.
A public school teacher in the entry level  receives a salary of P9,939.00.  Compared
to  their  counterparts  in  the  private  sector,  who  receive  an  average  monthly  wage  rate  of
P14,991  based  on  Department of Labor figures,  public school  teachers are  indeed  among
the lowest paid government workers considering the  nature and  importance of the services
they render. To stress their importance to society, teachers are given substitute and special
parental authority under our laws. It is imperative therefore that to attract the most competent
and   efficient  to   the   teaching   profession,   government   must   provide   compensation   and
benefits  commensurate  to  the  work  they  perform  and  the  contribution  they  make  to  the
society.
This bill addresses that need by providing for security of tenilre to teachers, payment
of their salaries as well as those of non-teaching personnel on a monthly basis regardless of
semestral or summer vacations, annual salary increase or adjustment to mitigate the effects
of inflation,  and  other measures that will  protect the  rights and  promote the welfare of our
public  school  teachers.  This  bill  also  provides  for  gratuity  benefit  for  teachers  and  non-
teaching  personnel who choose to  retire  before  reaching the compulsory retirement age of
60  and  have  rendered  not  less  than  two  (2)  years  of  service.  This  proposed  measure
likewise   guarantees   their   rights   to   self-organization   and   to    collective    bargaining    in
accordance   with   ILO   Convention   numbered   87   and   98.   It   also   grants   teachers   and
employees' organizations,  whether independent or federated,  the  right to negotiate directly
with school owners and administrations.  Furthermore, this bill mandates the formulation of a
Code   of   Professional   Conduct   for   the   Teaching   Profession   to   further   promote   the
professionalization of the profession and encourage unity among teachers and non-teaching
personnel.  Finally, this bill makes it obligatory for all schools and learning  institutions offering
education as a course to teach this Magna Carta as part of the course requirement.
In view of the foregoing, the passage of this bill is
RU
earnest
S 8. RO
sought.
lGUEZ


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                           )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus 8. Rodriguez
Hou;e-`B-ill'No.5L3|8
AN ACT
PROVIDING   FOR  SECURITY  OF  TENURE,  CODE  OF  CONDUCT  AND  ADDITIONAL
BENEFITS TO TEACHERS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 4670,
OTHERWISE  KNOWN  AS  THE  MAGNA  CARTA  FOR  PUBLIC  SCHOOL  TEACHERS,
AND FOR OTHER PURPOSES
B_e  it  enacted  by  the  Senate  and  the  House  of  Representatives  of  the  Philippines  in
Congress assembled:
BOOK I
GENERAL PROVISIONS
CHAPTER 1
PRELIMINARY MATTERS
[1.  DECLARATION OF POLICY COVERAGE]
Sec.1.  Declaration  of  Policy.  It  is  hereby  declared  to  be  the  policy  of  this  Act  to
promote and ADVANCE  [improve] the social  [and] economic AND PROFESSIONAL status
of [public  school]  teachers  AND  NON-TEACHING  PERSONNEL  IN  ORDER TO  ENSURE
THAT   THEY   ENJOY   THE   STATUS   AND   BENEFITS   COMMENSURATE   TO   THEIR
INVALUABLE  ROLE IN  NATIONAL DEVELOPMENT, AND THAT THEY MAY COMPARE
FAVORABLY WITH OTHER PROFESSIONALS IN THE SERVICE SECTOR OF SOCIETY.
I,  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 advance  in education depends on the qualifications and ability of the
teaching staff and that education is an essential factor in the economic growth of the nation
as a productive investment of vital importance. I
Sec.  2.  Title  [Definition].  This  Act  shall  be  known  as  the  I"Magna  Carta  for  Public
School   Teachers"   and   shall   apply   to   all   public   school   teachers   except   those   in   the
professorial  staff  of  state  colleges  and  universities.I  INTEGRATED  MAGNA  CARTA  OF
TEACHERS AND NON-TEACHING PERSONNEL OF 2010.
As used  in this Act,  the term "teacher" shall  mean all  persons engaged  in classroom
teaching,   in  [any]  ALL  level  of  instruction,  on  full-time  OR  PART  TIME  basis,   including
guidance counselors, school librarians,  industrial arts or vocational instructors,  land all other
persons  performing  supervisory and/or administrative functions  in  all  schools,  colleges  and
universities  operated  by  the  Government  or  its  political  subdivisions;  but  shall  not  include
school nurses, school physicians, school dentists, and other school employees.I THE TERM
``NON-TEACHING    PERSONNEL"    SHALL    REFER    TO    ALL    EMPLOYEES    IN    THE
EDUCATION   SERVICE,   REGARDLESS   OF   THE   NATURE   OF   THEIR   WORK   AND
STATUS  OF  EMPLOYMENT AND  INCLUDING  EMPLOYEES  IN  THE  DEPARTMENT OF
EDUCATION.


SECTION  3.  APPLICABILITY.  -  ALL   RIGHTS  AND  BENEFITS  GRANTED  TO
TEACHERS  AND  NON-TEACHING  PERSONNEL  UNDER  THIS  ACT  SHALL,  EXCEPT
AS MAY OTHERWISE BE PROVIDED HEREIN, APPLY ALIKE TO ALL TEACHERS AND
NON-TEACHING  PERSONNEL  IN  ALL  LEVELS OF  PUBLIC  AND  PRIVATE  SCHOOLS,
AND STATE UNIVERSITIES AND COLLEGES.
SECTION  4.  CONSTRUCTION  IN  FAVOR  OF  TEACHERS  AND  NON-TEACHING
PERSONNEL.  - ALL  DOUBTS  IN  THE  IMPLEMENTATION  AND  INTERPRETATION  OF
THE    PROVISIONS   OF   THIS   ACT   INCLUDING    ITS   llvIPLEMENTING    RULES   AND
REGULATIONS  SHALL   BE   RESOLVED  IN   FAVOR  OF  THE  TEACHERS  AND   NON-
TEACHING PERSONNEL.
BOOK TWO
EMPLOYMENT STANDARDS
[11.  RECRUITMENT AND CAREER]
Sec.  [3]  5.  Recruitment  and  Qualification.  Recruitment  policy with  respect to  the  selection
and   appointment  of  teachers  shall   be  clearly  defined   by  the   Department  of  Education
I,Culture and  Sports]:  Provi.ded,  however,  That effective  upon  the  approval  of this Act,  the
following shall constitute the minimum educational qualifications for teacher-applicants:
(a)    For teachers  in  the  kindergarten  and  elementary grades,  Bachelor's  degree  in
Elementary Education (B.S.E.ED.);
(b)  For  teachers  of  the  secondary  schools,  Bachelor's  degree  in  Education  or  its
equivalent with a major and a  minor;  or a  Bachelor's degree in Arts or Science
with at least eighteen professional units in Education.
(c) For teachers of secondary vocational and two years technical courses, Bachelor's
degree  in  the field  of specialization  with  at least eighteen  professional  units  in
education;
(d)  For teachers  of ACADEMIC  courses  on  the  [collegiate]  COLLEGE  level,  [other
than  vocational,I   master.s  degree  with  a  specific  area  of  specialization   I;I.
THEY   SHALL   TEACH   ONLY   THEIR   MAJOR   FIELD   AND/OR   ALLIED
SUBJECTS.
[Provided,  further,  That  in  the  absence  of  applicants  who  possess  the  minimum
educational qualifications as  hereinabove  provided,  the school  superintendent may appoint,
under a temporary status, applicants who do not meet the minimum qualifications: Provr.ded,
further,  That  should  teacher-applicants,  whether  they  possess  the  minimum  educational
qualifications  or  not,  be  required  to  take  competitive  examinations,  preference  in  making
appointments shall be in the order of their respective ranks in said competitive examinations:
And  provided,  finally,  That the  results  of the  examinations  shall  be  made  public and  every
applicant shall be furnished with his score and rank in said examinations. I
PROVIDED,  HOWEVER, THAT IN CASES OF DIFFICULIY IN COMPLYING WITH
THE  ABOVE  PROVISION  IN  PRIVATE  SCHOOLS,  EXEMPTION  MAY  BE  REQUESTED
FROM  THE  SECRETARY  OF  DEPARTMENT  OF  EDUCATION,  AND  IN  THE  CASE  OF
STATE   UNIVERSITIES   AND   COLLEGES,   FROM   THE   COLLEGE   OR   UNIVERSITY
PRESIDENT THROUGH THE OFFICE 0F ACADEMIC AFFAIRS:  PROVIDED,  FURTHER,
THAT NOT LESS THAN  EIGHTY PERCENT (80%) OF THE TOTAL WORKING FORCE IN
THE    COLLEGIATE    LEVEL   SHALL   POSSESS    MASTERAL    DEGREE:    PROVIDED,


FURTHERMORE,    THAT    TEACHERS    IN    PRIVATE    SCHOOLS,    COLLEGES    AND
UNIVERSITIES WHO WERE  HIRED WITHOUT THE  NECESSARY QUALIFICATIONS AS
HEREINABOVE  SET  FORTH   SHALL  BE  GIVEN  A  GRACE   PERIOD  OF  AT  LEAST
THREE (3) YEARS WITHIN WHICH TO QUALIFY.
IN  THE  ABSENCE  OF  APPLICANTS  IN  THE  ELEMENTARY AND  SECONDARY
PUBLIC  SCHOOLS WHO  POSSESS  THE  MINIMUIVI  EDUCATIONAL  QUALIFICATIONS
AS   HEREINABOVE    PROVIED,   THE   SCHOOL   SUPERINTENDENT   MAY   APPOINT
UNDER  A  TEMPORARY  STATUS,  APPLICANTS  WHO  DO  NOT  MEET  THE  MINIMUM
QUALIFICATIONS:   PROVIDED,  HOWEVER,  THAT  SHOULD  TEACHER-APPLICANTS,
WHETHER  THEY  POSSESS  THE  MINIMUM  QUALIFICATION  OR  NOT,  BE  REQUIRED
TO TAKE COMPETITIVE  EXAMINATIONS,  PREFERENCE  IN  MAKING APPOINTMENTS
SHALL   BE   IN   ORDER   OF   THEIR   RESPECTIVE   RANKS   IN   SAID   COMPETITIVE
EXAMINATIONS:   AND   PROVIDED,   FURTHER,   THAT   THE   APPLICANT   SHALL   BE
FURNISHED WITH  HIS SCORE AND RANK IN  EXAMINATIONS.
WHEN   VACANCIES   OCCUR   IN   THE   TEACHING   FORCE   OF   THE   SCHOOL
DURING THE SCHOOL YEAR, SUBSTITUTES OR REPLACEMENTS WITH SIMILAR OR
HIGHER QUALIFICATIONS SHALL BE EMPLOYED.
Sec.  [4] 6.  Probationary Period.  [When  recruitment takes place after adequate training  and
professional  preparation   in  any  school  recognized   by  the  Government,   no  probationary
period   preceding   regular  appointment  shall   be   imposed   if  the  teacher  possesses  the
appropriate  civil  service eligibility:  Prov/.ded,  however,  That where,  due to the exigencies of
the  service,  it  is  necessary  to  employ  as  teacher  a  person  who  possesses  the  minimum
educational  qualifications   herein  above  set  forth   but  lacks  the  appropriate  civil  service
eligibility,  such person shall be appointed on a provisional status and shall undergo a period
of   probation   for   not   less   than   one   year  from   and   after   the   date   of   his   provisional
appointment.I   THE   DURATION   OF   PROBATION   AND   THE   CONDITIONS   FOR   ITS
SATISFACTORY   COMPLETION   SHALL   BE   MADE   KNOWN   IN   ADVANCE   T0   THE
TEACHER-APPLICANT AND THE SAME SHALL BE  EXPRESSLY STIPULATED  IN  THE
APPOINTIVI ENT PAPERS.
A.   PUBLIC SCHOOLS -WHEN  RECRUITIVIENT TAKES  PLACE  AFTER  PROOF
OF   ADEQUATE   TRAINING   AND   PROFESSIONAL   PREPARATION   IN   A
SCHOOL  RECOGNIZED  BY  THE  GOVERNMENT  TO  GIVE  THE  SAME,  NO
PROBATIONARY  PERIOD   PRECEDING   REGULAR   EMPLOYMENT  SHALL
BE   IMPOSED  IF  THE  TEACHER  POSSESSES  THE  APPROPRIATE  CIVIL
SERVICE  ELIGIBILITY,  PROVIDED,  HOWEVER,  THAT  IF  IT  IS  NECESSARY
TO  EMPLOY AS A TEACHER A PERSON WHO  POSSESSES THE  MINIMUM
EDUCATIONAL QUALIFICATIONS  HEREINABOVE  SET FORTH  BUT LACKS
THE  APPROPRIATE  CIVIL  SERVICE  ELIGIBILITY,  SUCH  PERSON  SHALL
BE  APPOINTED  ON  A  PROVISIONAL  STATUS  AND  SHALL  UNDERGO  A
PERIOD OF PROBATION OF ONE SCHOOL YEAR FROM THE  DATE OF HIS
PROVISIONAL APPOINTMENT.
a.    PRIVATE   SCHOOLS   -   THE    PROBATIONARY   PERIOD   FOR   PRIVATE
SCHOOLS SHALL BE ONE SCHOOL YEAR.
C.   STATE    UNIVERSITIES    AND    COLLEGES    -    INSTRUCTORS    IN    STATE
UNIVERSITIES AND COLLEGES SHALL SERVE A PROBATIONARY PERIOD
OF ONE SCHOOL YEAR.
TEACHERS  WHO  HAVE  SATISFACTORILY  PASSED  THE  CORRESPONDING
PROBATIONARY     PERIOD     SHALL     BE     ISSUED     PERMANENT     APPOINTMENT,


PROVIDED,   HOWEVER,   THAT   DURING   THE   PROBATIONARY   PERIOD,   REGULAR
EVALUATION      OF      THEIR      PERFORMANCE      SHALL      BE      MADE      BY      THE
ADMINISTRATION,  PEERS  AND  STUDENTS  IN  ACCORDANCE  WITH  THE  CRITERIA
JOINTLY     ESTABLISHED     BY     THE     ADMINISTRATION     AND     THE     TEACHER'S
ORGANIZATIONS.
COMPLETION    OF    MASTERAL    DEGREE    FOR    COLLEGE    INSTRUCTORS,
WHETHER   IN   PRIVATE   OR   STATE   UNIVERSITIES   AND   COLLEGES,   SHALL   BE
REQUIRED  ONLY  FOR PROMOTION  TO THE  POSITION  OF ASSISTANT  PROFESSOR
AND NOT FOR TENURE AT THE INSTRUCTOR LEVEL.
Sec.  [5] 7. Tenure of Office. Stability on employment and security of tenure shall be assured
the teachers  [as  provided  under existing  laws].    NO  PERMANENT TEACHER  SHALL  BE
TERMINATED EXCEPT FOR JUST CAUSES AS PROVIDED BY LAW, AND AFTER DUE
PROCESS.  IN  THE  CASE  OF  A  PROBATIONARY  TEACHER,  HIS  SERVICES  MAY  BE
TERMINATED  ONLY  FOR  JUST  CAUSE  OR  WHEN   HE  FAILS  TO  QUALIFY  AS  A
PERMANENT    TEACHER    IN    ACCORDANCE    WITH    REASONABLE    STANDARDS
STIPULATED IN HIS APPOINTMENT PAPERS AND AFTER DUE PROCESS.
A TEACHER OR NON-TEACHING PERSONNEL WHO IS UNJUSTLY DISMISSED
FROM  THE SERVICE SHALL  BE  ENTITLED TO  REINSTATEMENT WITHOUT LOSS OF
SENIORllY    RIGHTS    AND    TO    BACK    WAGES    COMPUTED    FROM    THE    TIME
COMPENSATION WAS WITHHELD UP TO THE TIME OF ACTUAL REINSTATEMENT.
Subject  to  the  provisions  of Section  [three]  6  (A)  hereof,  teachers  appointed  on  a
provisional  status for lack of necessary civil  service  eligibility shall  be  extended  permanent
appointment for the  position  he  is  holding  after  having  rendered  at  least  [ten]  THREE  (3)
years of [continuous,] ACCUMULATED efficient and faithful service in such position.
Sec.  [6] 8.  Consent for Transfer ITransportation  Expenses.] Except for cause and as herein
otherwise   provided,    no    PUBLIC   SCHOOL   teacher   shall   be   transferred   without   his
EXPRESSED consent lN WRITING from one station to another.
Where  the  exigencies  of the  service  require  the  transfer of a  teacher from  one  station  to
another,  such  transfer may  be  effected  by the  school  superintendent who  shall  previously
notify  the  teacher  concerned  of  the  transfer  and  the  reason  or  reasons  therefor.  If  the
teacher  believes  there  is  no justification  for  the  transfer,  he  may  appeal  his  case  to  the
Director of Public Schools or the Director of Vocational Education, as the case may be WHO
SHALL   RENDER   A   DECISION   WITHIN   ONE   (1)   WEEK   FROIVI   RECEIPT   OF   THE
APPEAL.   Pending   his  appeal   and   the  decision  thereon,   his  transfer  shall   be   held   in
abeyance:  Provt.bed,  however,  That  no  transfers  whatever  shall  be  made  WITHIN  three
months before any local or national election.
[Necessary  transfer  expenses  of  the  teacher  and   his  family  shall   be   paid  for  by  the
Government if his transfer is finally approved.I
NO    TEACHER    WHETHER     IN     PRIVATE     OR    PUBLIC     SCHOOLS     OR    STATE
UNIVERSITIES AND COLLEGES SHALL BE TRANSFERRED FROM ONE POSITION TO
ANOTHER IN WHICH HE LACKS QUALIFICATION, SKILLS AND EXPERIENCE.
A   TEACHER    SUBJECT    OF    A   VALID    TRANSFER    SHALL    NOT    SUFFER    ANY
DIMINUTION  IN  RANK  AND  IN  PAY.  SHOULD  HE  BE  TRANSFERRED  TO  A  HIGHER-
PAYING   POSITION,   HE  SHALL  BE   ENTITLED  TO  THE  SALARIES  AND   BENEFITS
PERTAINING TO THAT POSITION.


Sec.   9.   ADVANCEMENT   AND    PROMOTION   -   SUBJECT   TO   THE    NECESSARY
QUALIFICATIONS,   TEACHERS   SHALL   BE   ASSURED   OPPORTUNITIES   TO   MOVE
FROM  ONE  TYPE  OR  LEVEL  OF  SCHOOL  TO  ANOTHER  WITHIN  THE  EDUCATION
SERVICE.  IN  CASE  OF  TRANSFER  OF  A  PERIVIANENT  TEACHER  HE/SHE  SHALL
RETAIN HIS/HER PERMANENT STATUS.
Sec.    10.   ADVANCEMENT   AND    PROMOTION   -TEACHERS   AND    NON-TEACHING
PERSONNEL SHALL  BE ASSURED OPPORTUNITIES TO  MOVE  FROM  ONE TYPE  OR
LEVEL  OF  SCHOOL  TO  ANOTHER WITHIN  THE  EDUCATION  SERVICE.  IN  CASE  OF
TRANSFER    OF    A    PERIVIANENT    TEACHER    HE/SHE    SHALL    RETAIN    HIS/HER
PERMANENT STATUS.
PROMOTION  SHALL  BE  BASED  ON  AN  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.
Sec.   11.   RANKING   OF   FACULTY   MEMBERS.   -   FACULTY   MEMBERS   SHALL   BE
ASSIGNED ACADEMIC  RANKS  IN  ACCORDANCE WITH  THEIR ACADEMIC TRAINING
AND      EDUCATIONAL     ATTAINMENT.      CRITERIA     FOR      RANKING      SHALL      BE
PERFORMANCE-DETERMINED         IN         COLLABORATION         WITH         TEACHER'S
ORGANIZATIONS. RANKING SHALL BE PERFORMANCE-ORIENTED.
A   NEW   MEMBER   OF   THE   FACULTY   IN   THE   COLLEGIATE   LEVEL   SHALL
BEGIN  AS  INSTRUCTOR:  PROVIDED,  HOWEVER,  THAT  HE  MAY  BE  APPOINTED AS
ASSISTANT   PROFESSOR,   ASSOCIATE   PROFESSOR,   OR   PROFESSOR   OR   ANY
OTHER  HIGHER  RANK,  lF  SUCH  APPOINTMENT/DESIGNATION  IS  WARRANTED  BY
HIS EXPERIENCE, TRAINING AND SCHOLARSHIP CREDENTIALS.
See.   12.  Academic  Freedom.  -  ALL  [T]teachers  lN  ALL  LEVELS  OF  INSTRUCTION
FROM   GRADE  SCHOOL  THROUGH   COLLEGE  shall  enjoy  academic  freedom   in  the
discharge of their professional  duties,  particularly with  regard  to THE  CHOICE OF teaching
AIDS,  land  classroom  methods.  I  METHODS,  TECHNIQUES  AND  TEXTBOOKS,  AND
OTHER REFERENCE MATERIALS.
IN    PARTICULAR,   THE   CONCEPT   OF   TEACHER'S   ACADEMIC   FREEDOM,
SUBJECT  TO  CONSTITUTIONAL  LIMITATIONS  AND  SAFEGUARDS,  AND  WITH  THE
GROVVTH  AND  DEVELOPMENT  OF  THE  STUDENTS  AS  PRIORITY,  SHALL  CONSIST
OF THE FOLLOWING RIGHTS:
A.    THE  TEACHER'S  FREEDOM  IN  THE  EXPLANATION  OF  HIS  SUBJECT  IN
THE  CLASSROOM  OR  IN  SPEECHES  AND  PUBLICATIONS  AS  HE  MAY
DEEM FIT AND APPROPRIATE
a.    THE TEACHER'S FREEDOM IN THE CHOICE OF SUBJECTS OF RESEARCH
AND INVESTIGATION  UNDERTAKEN ON  HIS OWN INITIATIVE
C.    THE     TEACHER'S     RIGHT    TO    CHOOSE     TEXTBOOKS    AND     OTHER
REFERENCE   SUPPLEMENTARY   INSTRUCTIONAL   MATERIALS   DEEMED
FIT FOR A PARTICULAR SUBJECT OR DISCIPLINE
TEACHERS    IN    AUTONOMOUS    REGIONS    IN    THE    PHILIPPINES    IN    THE
EXERCISE   OF   ACADEMIC    FREEDOM,    MAY   ADOPT,    DEVELOP   AND    IMPROVE
INDIGENOUS   WAYS   OF   LEARNING   ON   KNOWLEDGE,   SKILLS,   CUSTOMS   AND
EXPERIENCE  IN  SO  FAR  AS  THIS  MAY  PRESERVE  AND  ENCOURAGE  CULTURAL


IDENTITY     OF      THE      PEOPLE      IN      THE      REGION,      PROPAGATE      NATIONAL
CONSCIOUSNESS,  DEVELOP  CRITICAL  THINKING  AND  PROIVIOTE  THE  NATIONAL
INTERESTS OF THE FILIPINO PEOPLE.
ANY  SYSTEM  OF  EVALUATION  OR  SUPERVISION  SHALL  BE  DESIGNED  TO
ENCOURAGE    AND    ASSIST    TEACHERS     IN    THE     PERFORMANCE    OF    THEIR
PROFESSIONAL  TASKS  AND  SHALL  NOT  DIMINISH   THEIR  FREEDOM,   INITIATIVE
AND RESPONSIBILITY.
See.  13.  WORKLOAD  AND  Teaching  Hours.  [Any  teacher  engaged  in  actual  classroom
instruction shall not be required to render more than six hours of actual classroom teaching a
day,  which  shall  be  so  scheduled  as to  give  him  time for the  preparation  and  correction of
exercises and other work incidental to  his normal teaching  duties:  Provi.ded,  however,  That
where the exigencies of the service so require, any teacher 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  regular remuneration  plus  at
least  twenty-five  per  cent  of  his  basic  pay.I  -  EXCEPT  AS  OTHERWISE   PROVIDED
HEREIN,   THE   REGULAR   FULL  TIME   LOAD  OF  A  FACULTY  MEMBER  SHALL   BE
TWELVE  (12)  HOURS  PER  WEEK  WITH  TWO  HOURS  PREPARATION  IN  LINE  WITH
THE   TEACHER'S   MAJOR   SUBJECT   OR   AREA   OF   EXPERTISE.   ANY   TEACHING
ASSIGNMENT   IN   EXCESS   OF   THIS   NUMBER   SHALL   BE   PAID   AN   ADDITIONAL
COMPENSATION  AT THE  SAME  RATE  AS  HIS  REGULAR  REMUNERATION  PLUS  AT
LEAST I-WENTY-FIVE (25°/a) OF HIS BASIC PAY.
THE  TEACHING  LOAD  PRESCRIBED  ABOVE  MAY,  HOWEVER,  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 COMMl-ITEE 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  (15)   HOURS
PER WEEK.
See.   14.  Additional  Compensation.   Notwithstanding  any  provision  of  existing   law  to  the
contrary,  co-curricula  and  [out  of school]  OFF  CAMPUS  activities  and  any  other activities
[outside]  BEYOND  of  what  is  defined  as  normal  duties  of  [any]  A  teacher  THAT  WILL
MAKE   HIM   WORK   LONGER  THAN   HIS   REGULAR  WORKLOAD  shall   be   paid   THE
REGULAR  COMPENSATION  FOR THE  ACTUAL  HOURS WORKED  PLUS  an  additional
compensation of at least twenty-five per cent of his regular remuneration  [after the teacher
has completed at least six hours of actual classroom teaching a day. I
[In the case of other teachers or school officials not engaged in actual classroom instruction,
any work performed  in excess of eight hours a day shall be paid an additional compensation
of at least twenty-five per cent of their regular remuneration.I
rThe]   [a]Agencies   utilizing   the   services   of   PUBLIC   teachers   shall   pay   the   additional
compensation  required  under  this  section.  Education  authorities  shall  refuse  to  allow  the
rendition of services of PUBLIC SCHOOL teachers for other government agencies without
the  assurance  that  the  teachers  shall  be  paid  the  remuneration  provided  for  under  this
section.
Sec.   [19]   15.  Special  Hardship  AIlowances.   In  areas  in  which  teachers  are  exposed  to
hardship such as difficulty in commuting to the place of work or other hazards peculiar to the
place   of   employment,   as   determined   by   the   Secretary   of   Education,   they   shall   be


compensated special hardship allowances equivalent to at least twenty-five per cent of their
monthly salary.
CHAPTER 11
NON-ACADEMIC PERSONNEL
See.16.  SELECTION  AND  HIRING -RECRUITIVIENT  POLICY WITH  RESPECT TO  THE
SELECTION  AND  HIRING  OF  NON-TEACHING  PERSONNEL  SHALL  BE  DETERMINED
BY  THE  SCHOOL  AUTHORITIES  IN  CONSULTATION  WITH  REPRESENTATIVES  OF
THE EMPLOYEES
Sec.17.  SECURITY OF  TENURE  -STABILITY  OF  EMPLOYMENT AND  SECURITY  OF
TENURE  SHALL  BE  ASSURED  THE  NON-TEACHING  PERSONNEL.  NO  PERMANENT
NON-TEACHING  PERSONNEL  SHALL  BE  TERIvllNATED  EXCEPT  FOR  JUST  CAUSE
AS    PROVIDED    BY    LAW   AND    AFTER    DUE    PROCESS.    IN    THE    CASE    OF    A
PROBATIONARY EMPLOYEE,  HIS SERVICES MAY BE TERMINATED ONLY FOR JUST
CAUSE   OR   WHEN   HE   FAILS   TO   QUALIFY   AS   A   PERMANENT   NON-TEACHING
EMPLOYEE IN ACCORDANCE WITH  REASONABLE STANDARDS STIPULATED IN HIS
APPOINTMENT PAPERS AND AFTER DUE PROCESS.
A  NON-TEACHING   EMPLOYEE  WHO  IS   UNJUSTLY  DISMISSED   FROM   THE
sERvicE SHALL BE ENTITLED TO REINSTATEMENT wiTHOuT LOss OF sENioRirv
RIGHT AND TO BACKWAGES FROM THE TIME OF HIS ACTUAL REINSTATEMENT.
Sec.18 WORKLOAD AND WORKING HOURS -WORKING HOURS OF NON-TEACHING
PERSONNEL SHALL  NOT EXCEED SEVEN  (7)  HOURS A DAY. ANY EIVIPLOYEE WHO
HAS  SUFFERED  OR  IS  REQUIRED  TO  WORK  BEYOND  THE  REGULAR  WORKING
HOURS  SHALL   BE   PAID  AN   ADDITIONAL  COMPENSATION   EQUIVALENT  TO   HIS
REGULAR RATE PLUS AT LEAST TWENTY-FIVE PERCENT (25%) THEREOF.
Sec.     19.     RANKING     AND     PROMOTION     -     SUBJECT     TO     THE     NECESSARY
QUALIFICATIONS,        NON-TEACHING        PERSONNEL        SHALL        BE        ASSURED
OPPORTUNITIES  TO  MOVE  FROM  ONE  TYPE  OR  LEVEL OF  SCHOOL TO ANOTHER
WITHIN   THE   EDUCATION   SERVICE.   IN   CASE   OF  TRANSFER  OF  A  PERMANENT
EIVIPLOYEE, HE/SHE SHALL RETAIN  HIS/HER PERMANENT STATUS.
Sec.  20. TRANSFER FOR TEACHING  POSITION -A PERMANENT EMPLOYEE WHO IS
TRANSFERRED  TO  A TEACHING  POSITION  SHALL  BE  REQUIRED  TO  UNDERGO  A
NEW PROBATIONARY APPOINTMENT.
Sec.  21.  ADDITIONAL  COMPENSATION  -NOTWITHSTANDING  ANY  PROVISION  OF
EXISTING  LAW TO THE CONTRARY, ANY ACTIVITY BEYOND HIS OR HER REGULAR
DUTIES  AND  W[LL  MAKE  HIM  WORK  LONGER  THAN  HIS  REGULAR  WORKLOAD
SHALL   BE   PAID  AN   ADDITIONAL   COMPENSATION   OF  AT   LEAST  TWENTY-FIVE
PERCENT (25%) OF HIS REGULAR COMPENSATION.
CHAPTER Ill
EMPLOYMENT CONDITIONS AND BENEFITS
COMMON TO TEACHERS AND NON-TEACHING PERSONNEL
[111.  HOURS OF WORK AND REMUNERATION]


Sec.  [15]  22.  Criteria for Salaries.  Teacher's AND  EMPLOYEES'  salaries shall  correspond
to the following criteria:
(a)  they  shall  compare  favorably  with  those  paid  in  other  occupations  requiring
equivalent or    similar qualifications, training and abilities;
(b) they shall be such as to insure teachers AND NON-TEACHING PERSONNEL
a reasonable standard of [life] LIVING for themselves and their families; and
(c) they shall be properly graded so as to recognize the fact that certain positions
require  higher qualifications  and  greater responsibility than  others:  Provi'ded,
however,   That  the  general   salary  scale   shall   be   such   that  the   relation
between  the  lowest  and  highest  salaries  paid  in  the  profession  will  be  of
reasonable order.  Narrowing  of the salary scale shall  be achieved  by raising
the lower end of the salary scales relative to the upper end I.I
(D)       THEY     SHALL     MOTIVATE     TEACHERS     TO     ACCELERATE     THE
IMPROVEMENT OF THEIR  PEDAGOGIC QUALIFICATIONS,  AND  NONI
TEACHING   PERSONNEL   TO   INCREASE   THEIR   KNOWLEDGE   AND
COMPETENCIES    NECESSARY    FOR    EFFICIENT    AND    EFFECTIVE
SERVICE;
(E)       SALARIES  OF  PRIVATE  SCHOOL  TEACHERS  AND  NON-TEACHING
PERSONNEL    SHALL    COMPARE    FAVORABLY   WITH    THOSE    OF
PUBLIC     SCHOOL     AND     STATE     UNIVERSITY     AND     COLLEGE
TEACHERS AND EMPLOYEES
See.  23.  SALARIES  PAID ON  MONTHLY BASIS -THE  PROVISION  OF ANY EXISTING
LAW TO THE CONTRARY NOTWITHSTANDING, SALARIES OF TEACHERS AND NON-
TEACHING  PERSONNEL  SHALL  BE  PAID  ON  MONTHLY  BASIS  FOR  A  PERIOD  OF
TWELVE  (12)  MONTHS  REGARDLESS  OF  SEMESTRAL  OR  SUMMER  VACATIONS.
FOR  THIS  PURPOSE,  MONTHLY  BASIS  SHALL  MEAN  THAT  TEACHERS  AND  NON-
TEACHING  PERSONNEL 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
SUMIVIER VACATIONS SHALL BE  PAID AN ADDITIONAL COMPENSATION ON A PRO
RATA BASIS
Sec.   [16]  24.  ANNUAL  Salary  Scale   REVIEW  AND  ADJUSTMENT.   Salary  [scales]  of
teachers   shall   BE   INCREASED   ANNUALLY;   PROVIDED,   THAT   THE   AMOUNT   OF
INCREASE  SHALL  BE  THAT  AMOUNT  RECOMMENDED  BY  THE  DEPARTMENT  OF
EDUCATION,    lN    COORDINATION    WITH    THE    DEPARTMENT    OF    BUDGET   AND
MANAGEMENT,   AFTER   CONDUCTING   A   REVIEW  OF   THE   SALARY   SCALES   OF
TEACHERS,   FOR   THE   PURPOSE   OF   MITIGAT[NG   THE   EFFECTS   OF   INFLATION
[provide for gradual  progression from a  minimum to a maximum salary by means of regular
increments,   granted   automatically   after   three   years]:   Prow/.ded,   FURTHER,   That   the
efficiency rating of the teacher concerned is at least satisfactory.  rThe progression from the
minimum to the maximum of the salary scale shall not extend over a period of ten years.I
Sec.  [21] 25.  Deductions  Prohibited.  No  person  shall  make any deduction whatsoever from
the   salaries   of   teachers   AND   EMPLOYEES   except   under   specific   authority   of   law
[authorizing  such  deductions:  Prov/.ded,  however,  That  upon  written  authority  executed  by
the  teacher  concerned,   (1)  Iawiul  dues  and  fees  owing  to  the  Philippine  Public  School
Teachers  Association,   and   (2)   premiums   properly  due  on   insurance   policies,   shall   be
considered    deductible.I    OR    BY    THE    WRITTEN    AUTHORITY    OF    TEACHER    OR
EMPLOYEE CONCERNED.


[Sec.   17.   Equality  in  Salary  Scales.  The  salary  scales  of  teachers  whose  salaries  are
appropriated  by  a  city,  municipal,  municipal  district,  or  provincial  government,  shall  not  be
less than those provided for teachers of the National Government.I
[Sec.18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with
the   rise   in  the  cost  of  living   by  the  payment  of  a  cost-of-living   allowance  which  shall
automatically follow  changes  in  a  cost-of-living  index.  The  Secretary of Education  shall,  in
consultation with the proper government entities, recommend to Congress, at least annually,
the   appropriation   of  the   necessary  funds  for  the   cost-of-living   allowances   of  teachers
employed by the National Government. The determination of the cost-of-living allowances by
the  Secretary  of  Education  shall,   upon  approval  of  the  President  of  the  Philippines,   be
binding  on  the  city,  municipal  or provincial  government,  for the  purposes of calculating  the
cost-of-living allowances of teachers under its employ.I
[Sec.  20.  Salaries  to  be  Paid  in  Legal  Tender.  Salaries  of teachers  shall  be  paid  in  legal
tender of the Philippines or its equivalent in checks or treasury warrants. Prov/.ded, however,
That such  checks  or treasury warrants shall  be  cashable  in  any national,  provincial,  city or
municipal  treasurer's  office  or  any  banking  institutions  operating   under  the  laws  of  the
Republic of the Philippines.]
See.   26.    SICK    LEAVE   -   FULL   TIME   TEACHERS    IN    THE    ELEIVIENTARY   AND
SECONDARY  SCHOOLS  SHALL  BE  ENTITLED  TO  AN  ANNUAL  SICK  LEAVE  WITH
PAY OF FIFTEEN (15) WORKING DAYS. PART-TIME TEACHERS IN THE ELEMENTARY
AND  SECONDARY  SCHOOLS  SHALL  BE  ENTITLED  TO  SICK  LEAVE  WITH  PAY  ON
PRO-RATA BASIS.
FACULTY  MEMBERS  IN  THE  COLLEGIATE  LEVEL,  WHETHER  FULL-TIME  OR
PARTITIME,   SHALL   ENJOY  SICK   LEAVE  WITH   PAY  OF   FIFTEEN   (15)  WORKING
DAYS-
UNUSED   SICK   LEAVES   SHALL   BE   ACCUMULATED   TO   NOT  MORE   THAN
six-rv   (6o)   DAYS   AND   THE   SAME   SHALL   BE   CoNVERTED   To   CASH   upoN
RESIGNATION OR RETIREMENT OF THE TEACHER OR EMPLOYEE CONCERNED.
Sec.  [25]  27.  Indefinite  SICK  Leave.  An  indefinite  sick  leave  [of absence]  WITHOUT  PAY
shall  be granted to teachers AND  EIVIPLOYEES when the  nature of the illness demands a
long  treatment  that  will  exceed  one  year  tat  the  least]  BUT  NOT  MORE  THAN  THREE
YEARS;   PROVIDED,   HOWEVER,   THAT  A  TEACHER  OR  EMPLOYEE  CONCERNED
SHALL  BE  ALLOWED  TWO  (2)  MONTHS  LEAVE  WITH   PAY  IN  CASE  OF  MAJOR
OPERATloN.
See.  28.  VACATION  LEAVE  -  FULL  TIME  TEACHERS  AND  EMPLOYEES  SHALL  BE
ENTITLED  TO  AN  ANNUAL  VACATION   LEAVE  WITH   FULL  PAY  OF  FIFTEEN   (15)
DAYS.
See.   29.   MATERNllY/PATERNITY   LEAVE   -   A   FEMALE   FACULTY   IVIEMBER   OR
EMPLOYEE  SHALL  BE  ENTITLED TO  MATERNITY LEAVE  OF SIXTY (60)  DAYS WITH
FULL  PAY  TO  TAKE  EFFECT  TWO  WEEKS  PRIOR  TO  THE  EXPECTED  DATE  OF
DELIVERY AS CERTIFIED BY HER ATTENDING PHYSICIAN.
PATERNITY LEAVE OF MALE  FACULTY MEMBERS SHALL BE GOVERNED  BY
REPUBLIC ACT NO. 8187 0R THE PATERNITY LEAVE LAW.
THE  BENEFITS  GRANTED  UNDER  THIS  SECTION  SHALL  BE  PAID  TO  THE
TEACHER OR EMPLOYEE CONCERNED AND/OR HER SPOUSE DURING THE PERIOD
OF ENTITLEIVIENT.


Sec.  30.  EMERGENCY  LEAVE  -  lN  CASE  OF  CALAMITIES  WHERE  THE  FACULTY
MEMBER OR  EMPLOYEE  BECOMES A VICTIM,  OR IN  THE  EVENT OF  DEATH  IN  HIS
IMIVIEDIATE    FAMILY    OR    ANY    SERIOUS    ACCIDENT    BEFALLING    HIM    OR    HIS
DEPENDENTS,  HE  SHALL  BE  ENTITLED  TO  AN  EMERGENCY  LEAVE  WITH  PAY OF
NOT EXCEEDING FIVE (5) DAYS PER YEAR.
[lv.  HEALTH MEASURES AND  INJURY BENEFITS]
Sec.  [22] 31.  Medical Examination and Treatment. Compulsory medical examination shall be
provided  free  of charge for all  teachers  AND  EIVIPLOYEES  before  [they take  up  teaching,
and  shall  be  repeated  not  less  than  once  a  year  during  the  teacher's  professional  life.I
THEIR   EIVIPLOYMENT   AND   ANNUALLY   THEREAFTER.   Where   medical   examination
show   that   medical   treatment   and/or   hospitalization   is   necessary   FOR   INFECTIOUS
DISEASES OR INJURIES SUFFERED NOT ONLY DURING TEACHING OR ON-CAIVIPUS
ACTIVITIES   BUT   ALSO   WHEN   HE   ENGAGED   IN   SCHOOL   RELATED   ACTIVITIES
AWAY FROM  THE SCHOOL PREMISES OR OFF CAMPUS,  same shall  be provided free
by  the  government  entity  paying  the  salary  of the  teachers  OR  THE  PRIVATE  SCHOOL
EMPLOYER.
In   regions   where   there   is   scarcity   of   medical   facilities,   teachers   AND   NON-
TEACHING  PERSONNEL may obtain elsewhere the necessary medical care with the right
to be reimbursed for their traveling expenses by the government entity [concerned in the first
paragraph of this Section.I OR THE PRIVATE SCHOOL MANAGEMENT CONCERNED.
Sec.  [23]  32.  Compensation  For  Injuries.  Teachers  AND  EIVIPLOYEES  shall  be  protected
against  the  consequences  of  employment  injuries  in  accordance  with  existing  laws.  The
effects  of the  physical  and  nervous  strain  on  the  teachers'[s]  AND  EMPLOYEES'  health
shall  be  recognized  as  a  compensable  occupational  disease  in  accordance  with  existing
laws.
Sec.  [26]  33.  [Salary  Increase  upon]  Retirement.  [Public  school]  [t]Teachers  AND  NON-
TEACHING  PERSONNEL WHO havE[ing] fulfilled the age and  service  requirements of the
applicable   retirement   laws   shall   be   [given]   GRANTED   one   range   salary   raise   upon
retirement, which shall be the basis of the computation of the lump sum of the retirement pay
and  the  [monthly]  CORRESPONDING  benefits  thereafter;  PROVIDED,  HOWEVER,  THAT
THE  RETIREMENT  BENEFIT SHALL  NOT  BE  LESS THAN  ONE  MONTH  SALARY FOR
EVERY YEAR OF SERVICE.
Sec.  34.  GRATullY  BENEFIT  -  THE  TEACHERS  AND  NON-TEACHING  PERSONNEL
WHO  CHOOSE  TO  RETIRE  BEFORE  REACHING  THE  COMPULSORY  RETIREMENT
AGE  OF  60  AND   HAVE   RENDERED   NOT  LESS  THAN   I-WO  (2)  YEARS  SERVICE
SHALL  BE  GRANTED  GRATUITY  BENEFIT  EQUIVALENT  TO  ONE  MONTH  PAY  FOR
EVERY    YEAR    OF    SERVICE,    CONFORMABLY    TO    THE    PROVISION    OF    THE
IIVIMEDIATELY    PRECEDING    SECTION,    THE    COMPUTATION    OF    HIS    GRATUITY
BENEFIT  SHALL  BE  BASED  ON  THE  SALARY SCALE  OF  ONE  STEP  HIGHER THAN
HIS POSITION AT THE TIME HE OPTED FOR OPTIONAL RETIREMENT.
Sec.   35.   FACULTY   PERSONNEL   DEVELOPMENT   PROGRAM   -   EVERY   SCHOOL
SHALL UNDERTAKE A FACULTY/PERSONNEL DEVELOPMENT PROGRAIvl.
THE  SCHOOL  MANAGEMENT  SHALL  GRANT  FELLOWSHIPS  ON  THE  BASIS
OF    OPEN    COMPETITION.    IT    SHALL    ENCOURAGE    FACULTY    MEMBERS    AND
QUALIFIED     NON-TEACHING     PERSONNEL    TO    CONDUCT    RESEARCH    WORK,
PARTICIPATE     IN     SKILLS     DEVELOPMENT     AND     KNOWLEDGE     ENHANCHING
SEMINARS  AND   FORA,   AND  WHEN   FEASIBLE,   FINANCIAL  SUPPORT  SHALL  BE
EXTENDED TO THEM ON THE BASIS OF MERIT.


lv.  LEAVE AND RETIREMENT BENEFITS]
Sec.  [24]  36. ACADEMIC AND FACULTY DEVELOPMENT. (A) Study Leave.  - [ln addition
to  the  leave  privileges  now  enjoyed  by  teachers  in  the  public  schools,  they]  TEACHERS
AND  NON-TEACHING  EMPLOYEES  shall  be  entitled  to  study  leave  not  exceeding  one
school year after seven years of service.  Such leave shall be granted in accordance with a
schedule set by the Department of Education [CULTURE AND SPORTS].  During the period
of such  leave,  the teachers AND  EMPLOYEES  CONCERNED shall  be  entitled  to  Eat  least
sixty] ONE HUNDRED per cent of their monthly salary:  Provt.ded, however, That no teacher
OR  EMPLOYEE  CONCERNED  shall  be  allowed  to  accumulate  more than  one year study
leave,  unless  he  needs  an  additional  semester to  finish  his  thesis  for a  graduate  study  in
education  or  allied   courses:   Provt.ded,  further,  That  no  compensation  shall   be  due  the
teacher OR  EMPLOYEE  CONCERNED after the first year of such  leave.  In  all  cases,  the
study leave period shall be [counted] CONSIDERED for seniority and pension purposes.
The  compensation  allowed  for  one  year  study  leave  as  herein  provided  shall  be
subject to the  condition  that the teacher OR  EIVIPLOYEE  takes the  regular study  load  and
passes at least seventy-five per cent of his courses. Study leave of more than one year may
be  permitted   by  the  Secretary  of  Education   but  SHALL  NOT  BE  SUBJECT  TO  ANY
[without] compensation UNLESS OTHERWISE AGREED UPON BY THE PARTIES.
(8) STUDY GRANT AND FELLOWSHIP -STUDY GRANTS AND  FELLOWSHIPS
MAY  BE  GRANTED  ON  A  FULL  OR  PARTIAL  BASIS  ADMINISTERED  SYSTEMIWIDE
OR  BY  COLLEGES  AND  UNIVERSITIES.  THE  GRANTEE  SHALL   BE  ENTITLED  TO
SUBSIDY FOR MATRICULATION AND OTHER SCHOOL FEES, STIPEND,  BOOKS AND
OTHER ALLOWANCES.
BOOK THREE
RESPONSIBILITIES AND ADIVIINISTRATIVE SANCTIONS
Sec.   [7]  37.   Code  of  Professional  Conduct  for  Teachers.  Within  six  months  from  the
approval   of   this   Act,   the   Secretary   of   Education,    lN   CONSULTATION   WITH   THE
NATIONAL   TEACHERS'   ORGANIZATIONS   shall   formulate   and   prepare   a   Code   of
Professional  Conduct for  [Public  School]  Teachers.  A copy of the  Code  shall  be furnished
each teacher:  Provt.ted,  however, That where this is not possible by reason of inadequate
fiscal  resources  of the  Department  of  Education,  at  least three  copies  of the  same  Code
shall  be  deposited  with  the  office of the  school  principal,  [or]  head  teacher OR  COLLEGE
DEAN where they may be accessible for use by the teachers.
Sec.   38.   DUTIES   AND   OBLIGATIONS   OF   NON-TEACHING   PERSONNEL   -   THE
SCHOOL ADMINISTRATION  SHALL SEE  TO  IT THAT  DUTIES AND  OBLIGATIONS OF
NON-TEACHING  PERSONNEL ARE SPECIFICALLY DEFINED IN THEIR APPOINTMENT
PAPERS. NO EMPLOYEE SHALL BE HELD RESPONSIBLE FOR NONIPERFORMANCE
OF DUTIES AND OBLIGATIONS NOT CONTAINED IN THEIR APPOINTIVIENT.
See.   39.   FACULTY/PERSONNEL   MANUAL   -   A   FACULTY/PERSONNEL   MANUAL
SHALL     BE     CREATED     BY     THE     SCHOOL     ADMINISTRATION     WITH     PRIOR
CONSULTATION    AND    ACTIVE    PARTICIPATION    TEACHERS    AND    EMPLOYEES'
ORGANIZATIONS. SUCH  MANUAL SHALLL BE SUBMITTED  FOR APPROVAL OF THE
FACULTY   AND   PERSONNEL   PRIOR   TO   ITS   IMPLEMENTATION.   SUCH   MANUAL
SHALL  CONTAIN  INFORMATION  AND  POLICIES  ON  ALL  MATTERS  PERTAINING  TO
THE  FACULTY  AND  NON-TEACHING  PERSONNEL,  A  COPY  OF  WHICH  SHALL  BE
FURNISHED FREE TO ALL FACULTY MEMBERS AND EMPLOYEES.


CHAPTER 11
ADMINISTRATIVE SANCTIONS
Sec.  [8]  40.  Safeguards  in  Disciplinary  Procedure.  Every  teacher  OR  EMPLOYEE  shall
enjoy equitable safeguards at each stage of any disciplinary procedure and shall have:
a.           the right to be informed, in writing, of the charges AGAINST HIM;
b.           the  right  to  CONFRONT  WITNESSES  AGAINST  HIM  AND  TO  full  access
to the evidence in the case;
c.           the  right  to  defend  himself  and  to  be  defended  by  a  representative  of  his
choice and/or by his organization,  adequate time being  given to the teacher
OR EMPLOYEE for the preparation of his defense; and
d.           the right to appeal to clearly designated authorities.
No  publicity shall  be  given  to  any disciplinary action  being  taken  against  a  teacher
OR EMPLOYEE during the pendency of his case, WITHOUT HIS CONSENT.
TEACHERS'   AND   EMPLOYEES'   ORGANIZATIONS   SHALL   BE   CONSULTED
WHEN  THE  MACHINERY TO  DEAL WITH  DISCIPLINARY MATTERS  IS  ESTABLISHED.
sucH MATTERs SHALL BE CONTAINED iN THE FAcuLrv OR pERsoNNEL MANUAL
AS PROVIDED UNDER 44 0F THIS ACT.
Sec. [9] 41. Administrative Charges. Administrative charges against a teacher shall be heard
initially  by  a   committee  composed   of  the  corresponding   School   Superintendent  of  the
Division or a  duly authorized  representative who should  at least have the  rank of a division
supervisor,  where the teacher belongs,  as  chairman,  a  representative of the  local  or,  in  its
absence,  any existing  provincial  or national  teacher's  organization  and  a  supervisor of the
Division, the last two to be designated by the Director of Public Schools. The committee shall
submit its findings and  recommendations to the Director of Public Schools within thirty days
from   the   termination   of   the   hearings:    Provt.ded,    however,   That   where   the   school
superintendent is the complainant or an  interested  party,  all the members of the committee
shall be appointed by the Secretary of Education.
TEACHERS'      AND      EMPLOYEES'      ORGANIZATIONS      SHALL      HAVE      A
REPRESENTATIVE     IN     ANY     COMMITTEE     OR     BODY     THAT     SHALL     HEAR
ADMINISTRATIVE CHARGES AGAINST A TEACHER OR EMPLOYEE.
[Sec.  11.  Married Teachers. Whenever possible, the proper authorities shall take all steps to
enable  married  couples,  both  of whom  are  public  school  teachers,  to  be  employed  in  the
same locality.I
BOOK FOUR
MISCELLANEOUS PROVISIONS
CHAPTER 1
SELF-ORGANIZATION AND OTHER RIGHTS
Sec.  [27]  42.  [Freedom]  RIGHT to  SELF-Organize.  Public  school  teachers  shall  have  the
right to freely and without previous authorization both to establish and to join organizations of
their choosing, whether local or national to further and defend their interests.
[Sec,10.  No  Discrimination.  There shall  be no discrimination whatsoever in entrance to the
teaching  profession, or during  its exercise,  or in the termination of services,  based on other
than professional consideration.I


Sec.  [28]  43.  Discrimination  Against Teachers  AND  EMPLOYEES  Prohibited.  The  right[s]
established in the immediately preceding Section shall be exercised without any interference
or coercion.  It shall  be  unlawful for any person to commit any acts of discrimination against
teachers AND EMPLOYEES which are calculated to (a) make the employment of a teacher
OR  EMPLOYEE  subject  to  the  condition  that  he  shall  not  join  an  organization,  or  shall
relinquish   membership  in  an   organization,   (b)  [to]   cause  the  dismissal  of  or  otherwise
prej.udice  a  teacher  OR  EMPLOYEE  by  reason  of  his  membership  in  an  organization  or
because of participation in organization activities outside school hours, or with the consent of
the  proper school  authorities,  within  school  hours,  and  (c) to  prevent  him from  carrying  out
the duties laid  upon  him  by his  position  in the organization,  or to  penalize him for an action
undertaken in that capacity.
Sec.    44.    PARTICIPATION    IN    POLICY-MAKING    PROCESS    -    TEACHERS'    AND
EMPLOYEES'  ORGANIZATIONS  IN  STATE  UNIVERSITIES  AND  COLLEGES AS WELL
AS EDUCATIONAL FOUNDATIONS AND NON-STOCK, NON-PROFIT SCHOOLS SHALL
HAVE  THE  RIGHT  TO  BE  REPRESENTED  IN  THE  BOARD  OF  TRUSTEES/REGENTS
OF SAID SCHOOLS, COLLEGES AND UNIVERSITIES.
lvl. TEACHER'S ORGANIZATION]
[Sec.    29.    National   Teacher's   Organizations.I    National   teachers'   AND   EIVIPLOYEES'
organizations  shall  [be  consulted]  ACTIVELY  PARTICIPATE  in  the formulation  of national
educational  policies and  professional standards,  land  in the formulation| of national  policies
governing the social security of the teachers.
NATIONAL   TEACHERS'   AND   EMPLOYEES'   ORGANIZATIONS   SHALL   HAVE
THE   RIGHT   TO   NEGOTIATE   FREELY  AND   DIRECTLY  WITH   NATIONAL   PRIVATE
SCHOOL-OWNERS'    ORGANIZATIONS   AND/OR   THROUGH   A   LABOR   ADVISORY
CONSULTATIVE COUNCIL FOR TEACHERS AND EMPLOYEES.
See. 45. STRIKE,  PICKETING AND OTHER CONCERTED ACTIVITIES. -THE RIGHT OF
TEACHERS'     AND     EIVIPLOYEES'     ORGANIZATIONS     TO     STRIKE     AND     OTHER
CONCERTED ACTIVITIES SHALL CONTINUE TO BE RECOGNIZED AND UPHELD.
CHAPTER 11
[VII. ADMINISTRATION AND  ENFORCEMENT]
Sec.  [30]  46.  IMPLEMENTING  Rules  and  Regulations.  The  Secretary  of  Education  shall
formulate    and    prepare,    IN    CONSULTATION    WITH    NATIONAL    TEACHERS'    AND
EMPLOYEES'  ORGANIZATIONS  the  necessary  rules  and  regulations  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 and  by such other means
as the Secretary of Education deems reasonably sufficient to give interested parties general
notice of such issuance.]
See.  47.  OUTRIGHT  CLOSURE  OF  SCHOOLS   PROHIBITED.  -  EDUCATION   BEING
VESTED WITH  PUBLIC INTEREST,  NO SCHOOL MANAGEMENT SHALL BE ALLOWED
TO CEASE  FROM  ITS OPERATIONS  EXCEPT UPON VALID AND JUST GROUNDS AS
MAY BE DETERMINED BY THE DEPARTMENT OF EDUCATION.
IN  CASE  OF  VALID  CLOSURE,  THE  SAME  SHALL  BE  EFFECTED  THROUGH
PROGRAMMED   PHASE   OUT,   DURING   WHICH   TIME,   DETERMINATION   SHALL   BE


IVIADE    ON    WHETHER    OR    NOT    OPERATIONS    OF    THE    SCHOOLS    IVIAY    BE
SUCCESSFULLY RESTORED OR BE PERMANENTLY CLOSED.
Sec.   48.   LAY-OFFS   OR   RETRENCHMENTS   -   NO   LAY-OFF   OR   RETRENCHMENT
SHALL   BE   EFFECTED   BY  ANY  SCHOOL   MANAGEMENT   UNLESS   THE   SAME   IS
FOUND VALID AND JUSTIFIED AFTER A THOROUGH REVIEW AND ANALYSIS OF ITS
FINANCIAL STATUS TO BE JOINTLY UNDERTAKEN  BY THE SCHOOL MANAGEMENT
AND THE TEACHERS' AND EMPLOYEES' ORGANIZATIONS CONCERNED.
CHAPTER Ill
PENAL AND FINAL PROVISIONS
[Sec.   31.   Budgetary   Estimates.   The   Secretary  of  Education   shall   submit  to   Congress
annually   the   necessary   budgetary   estimates   to   implement   the   provisions   of   the   Act
concerning  the  benefits  herein  granted  to  public school  teachers  under the  employ  of the
National Government.I
Sec.  [32]  49.  Penal  Provision.  ANY  [A]  person  who  shall  willfully  interfere with,  restrain  or
coerce any teacher OR  EMPLOYEE  in the exercise of his  rights guaranteed  by this Act or
who shall  in  any other manner commit any act to defeat any [of the]  provisions of this Act
shall,   upon   conviction,   be   punished   by   a   fine   of  not   less   than   lone   hundred]   FIFTY
THOUSAND  pesos  nor  more  than  one  HUNDRED  thousand  pesos,  or  by  imprisonment
FOR NOT LESS THAN  ONE YEAR AND ONE  DAY NOR MORE THAN  FIVE YEARS, OR
BOTH SUCH  FINE AND IMPRISONMENT AT [in] the discretion of the court.
If   the    offender    is   AN    EDUCATIONAL    INSTITUTION,    OR   ANY   JURIDICAL
PERSON,  THE  PENALTY SHALL  BE  IMPOSED  UPON  THE  PRESIDENT,  TREASURER,
SECRETARY   OR   ANY   RESPONSIBLE   OFFICER   OF   SAID   INSTITUTION.   IF   THE
OFFENDER  IS  a  public  [officiall  OFFICER OR  EMPLOYEE, the  court shall,  IN  ADDITION
TO    THE    PENALTIES    HEREINABOVE    PROVIDED,    order    his    dismissal    from    the
Government service.
Sec.  50.  TEACHING  OF  MAGNA  CARTA -  THE  TEACHING  OF  THIS  ACT  SHALL  BE
MADE COMPULSORY IN ALL SCHOOLS OFFERING COURSES IN EDUCATION.
See. 51. APPROPRIATIONS -INITIAL EXPENDITURE  FOR THE IMPLEMENTATION OF
THIS MAGNA CARTA SHALL BE SOURCED FROM SAVINGS IN THE BUDGET OF THE
DEPARTMENT  OF   EDUCATION.   THEREAFTER,   SUCH   SUM   NECESSARY  FOR  ITS
CONTINUED      IMPLEMENTATION      SHALL      BE      INCLUDED      IN      THE      GENERAL
APPROPRIATIONS ACT.
Sec.   [33]   52.   Repealing   Clause.  All  Acts  or  parts  of  Acts,   executive  orders  and  their
implementing   rules   inconsistent   with   the   provisions   of   this   Act   are   hereby   repealed,
amended or modified accordingly.
Sec.   [34]   53.   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  jn
effect.
See. 54. EFFECTIvllY -THIS ACT SHALL TAKE EFFECT UPON ITS APPROVAL.
Approved,