EIGHTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B. NO. 120
vV • OUy.: i\r tU' -%t r-trip
■19 JJL-1 P6«4
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT
INSTITUTING 
THE 
MAGNA 
CARTA 
FOR 
CHILD 
DEVELOPMENT
WORKERS AND PROVIDING FUNDS THEREFOR
EXPLANATORY NOTE
Article II, Section 12 of the 1987 Philippine Constitution provides:
"The State recognizes the sanctity of family life and shall protect and 
strengthen the family as a basic autonomous social institution. It shall 
equally protect the life of the mother and the life of the unborn from 
conception. The natural and primary right and duty of parents in the 
rearing of the youth for civic efficiency and development of moral 
character shall receive the support of the Government."
Article II, Section 18 of the 1987 Philippine Constitution provides:
"The State affirms labor as a primary social economic force. It shall 
protect the rights of workers and promote their welfare."
In November 1990, Republic Act No. 6972, otherwise known as the Barangay- 
level Total Development and Protection of Children Act was enacted. This law 
calls for the establishment of a day care center in every barangay and of the 
Total Development and Protection Program.


After 10 years, December 2000, Republic Act No. 8980, otherwise known as the 
Early Childhood Care and Development (ECCD) Act was legislated. This law seeks 
to promulgate a comprehensive policy and national system for Early Childhood 
Care and Development (ECCD).
These measures promote and safeguard the rights of children against all forms 
of neglect, abuse, cruelty, and other conditions prejudicial to their development. 
More importantly it recognizes the critical development stage of childhood from 
birth to six (6) years of age.
Daycare workers assist parents by tending to the needs of their children while 
they work by preparing meals for children, monitoring them for health, 
behavioral, and emotional concerns, maintaining their hygiene and ensuring that 
children are learning and socializing. They also ensure that the children are in a 
safe and clean environment. In this light daycare workers play a vital role in child 
development.
The proposed bill seeks to provide daycare workers security of tenure, 
appropriate living wage, and humane working conditions.
MARIA LOURDES NXI^Y S. BINAY 
Senator


EIGHTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
SENATE
S.B. NO. 120
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'19 
JUL-1 
P 6 « 4
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Introduced by Senator Maria Lourdes Nancy S. Binay
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AN ACT
INSTITUTING 
THE 
MAGNA 
CARTA 
FOR 
CHILD 
WORKERS AND PROVIDING FUNDS THEREFOR
DEVELOPMENT
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
Section 1. Short Tide. -  This Act shall be known as the "Magna Carta for 
Child Development Workers."
Sec. 2. Declaration o f Policy. -  The State recognizes the vital role of 
children and youth in nation-building and shall promote and protect their 
physical, moral, spiritual, intellectual, and social well-being. Towards this end, 
the State shall adopt policies that will improve the social and economic welfare of 
child development workers who provide pre-school education and social 
development services to children.
Sec. 3. Coverage. -  This Act shall cover all child development workers 
under Republic Act No. 10410, otherwise known as the "Early Years Act of 2013", 
herein defined as persons primarily engaged in the provision of early child 
development services and programs such as care, social development, education, 
protection, and other needs of children aged four (4) years old and below in all 
government-sponsored care centers.


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Sec. 4. Plantilla Positions and Security o f Tenure in Child Development
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Centers. -  At least one (1) Child Development Worker I and one (1) Child
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Development Worker II plantilla positions shall be created in all child
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development centers nationwide. The duly appointed child development workers
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shall enjoy security of tenure and shall be protected and governed by civil service
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rules and regulations. No child development worker shall be removed or
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transferred from office without just cause, due process, or prior consultation with
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the concerned child development worker.
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Sec. 5. Creation o f Special Personnel Selection Board. -  A Special
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Personnel Selection Board (SPSB) for child development worker positions shall be
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created to screen candidates and create a pool of at least three (3) qualified
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applicants for possible appointment to the subject positions. The SPSB shall be
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composed of the local social welfare and development officer (LSDWO) as
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chairperson, and the local health officer, human resource management officer,
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and local government unit (LGU) first level employees' representative as
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members.
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Sec. 6. Recruitment and Selection. -  Upon publication and posting by the
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local Human Resource Management Office (HRMO) of vacant permanent child
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development worker positions in particular child development centers, all
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qualified applicants shall submit their application, together with complete
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requirements, to the HRMO for preliminary evaluation; Provided, That all
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qualified incumbent child development workers hired under casual, contractual,
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and job order employment status shall automatically be considered candidates
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and given priority for appointment to permanent child development worker
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positions.
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The local chief executive, as the appointing authority, shall exercise sound
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discretion in appointing, from the SPSB-recommended pool pursuant to Sec. 5 of
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this Act, a child development worker in particular child development center.
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Under no circumstances shall an applicant be discriminated against on the basis
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of gender, religion, age, status, race, or political affiliation.
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Sec. 7. Qualifications, Positions and Salary Grade. -  A child development
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worker possessing the following qualifications shall be hired to the position of:
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(A) Child Development Worker I, with Salary Grade 6, must
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possess the following qualifications:
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(1) Must be of legal age;
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(2) Must have completed at least the K-12 Program or
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two (2) years of college education or its equivalent;
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(3) Must be certified by either the ECCDC council or the
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deputized local Social Welfare and Development
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Office (LSWDO) to have complied with existing
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requisites and trainings in early childhood care and
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development;
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(4) Must not have been convicted by final judgment of
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any crime; and
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(5) Must not have a pending case in relation to Republic
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Act No. 7610, otherwise known as the "Special
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Protection of Children Against Abuse, Exploitation
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and Discrimination Act" and other similar laws
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protecting children.
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Child development workers legitimately serving as such upon the approval
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of this Act who are above seventeen (17) years old but below eighteen (18)
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years old and does not possess any of the above-stated disqualifications, shall
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continue in service to serve as such and are considered qualified to be covered
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under this Act; Provided, That their retentions had been recommended by their
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direct supervisor on the basis of their performance.
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Child development workers who have not completed the K-12 Program
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and have no college education upon the approval of this Act shall be given two
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(2) years within which to complete equivalent training to be able to continue in 
the service, in accordance with Section 12 of this Act. The necessary training 
courses shall be prescribed by the ECCDC Council.
(B) Child Development Worker II, with Salary Grade 8, must 
possess the same qualifications mentioned in paragraph (A) of 
this section and must have five (5) years of work experience 
and at least twelve (12) hours of relevant training.
Qualifications and exceptions applicable to this section shall be subject to 
conditions imposed by the Civil Service Commission.
Sec. 8. Normal Working Hours. -  The normal hours of work of any child 
development worker shall not exceed eight (8) working hours a day or forty (40) 
working hours a week; Provided, that the LSWDO may require child development 
workers to render service beyond their working hours during emergency 
situations such as natural disasters and man-made calamities.
Sec. 9. Code o f Conduct o f Child Development Workers. -  Within six (6) 
months from the approval of this Act, the Early Childhood Care and Development 
Council (ECCDC), 
in consultation with 
a 
national organization of child 
development workers, shall formulate a Code of Conduct for Child Development 
Workers. Each child development worker shall be provided with a copy of the 
Code at the expense of the government.
Sec. 10. Additional Compensation and Allowances. -  Child development 
workers shall be provided with the following additional compensation, whenever 
applicable:
(A) Overtime Pay -  for services rendered beyond the required 
working hours as prescribed in Section 8 hereof;
(B) Hazard Allowance -  child development workers in rural and 
urban areas, exposed to situations, conditions, or factors in
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the work environment or place where foreseeable but
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unavoidable danger or risks exist which adversely endanger
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their health or life ano/or increase the risk of producing
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adverse effect on their person in the exercise of their duties,
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to be validated by the proper authorities, shall be entitled to
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hazard allowance in an amount to be determined by the
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LSDWO of the local government unit concerned; and
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(C) Subsistence Allowance - Child development workers who
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render service within the premise of an isolated Child
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Development Center shall be entitled to subsistence allowance
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equivalent to the meals ihey take in the course of their duty,
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which shall be compu:ed in accordance with prevailing
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circumstances as determined by the local government unit
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concerned.
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Sec. 11. Right to Self-Organizaiion. -  Day care workers shall have the
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right to freely form, join or assist organizations in order to defend and protect
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their mutual interests and to obtain redress of their grievances.
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Sec. 12. Other Benefits and Priv,leges. -  Child development workers shall
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be entitled to the following additional benefits and privileges:
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(A) Married Child Development Workers -  Whenever possible,
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married couples who are both child development workers shall
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be assigned in the same municipality or city;
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(B) Free Legal Services -  Legal representation and consultation
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services for child development workers shall be immediately
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provided by the Public Attorney's Office in civil and criminal
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cases filed by or against child development workers arising out
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of or in connection with the performance of their duties as
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such;
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(C) Free Medical Examination and Treatment -  Annual medical 
examinations shall be provided by government hospitals, free 
of 
charge, 
to 
all 
child 
development 
workers. 
Child 
development workers suffering from work-related ailments 
shall be treated without cost in government hospitals; and
(D) Access to Livelihood, Loans, Grants, and Skills Enhancement -  
The DSWD and the LGUs, in coordination with other 
concerned government agencies, shall provide organized child 
development workers 
with 
a 
mechanism 
for accessing 
livelihood, loans, grants, and skills enhancement services.
Sec. 13. Training, Education and Skiiis Enhancement -  The ECCDC, in 
coordination with the Commission on Higher Education (CHED) and the Technical 
Education and Skills Development Authority (TESDA), shall provide for a system 
of continuing education, skills training, and knowledge enhancement programs 
for child development workers.
The CHED and TESDA shall adopt an equivalency system of education that 
shall recognize and duly credit the actual work experiences and prior learning of 
child development workers as formal or academic training units.
Sec. 14. Support from Non-governmentai Organizations (NGOs), Private 
Volunteer Organizations and Other Private Institutions. -  Non-governmental 
organizations or private volunteer organizations, and other private institutions 
shall be encouraged to assist or support the government in the implementation 
of programs and projects for child development workers. Pursuant thereto, all 
Child Development Centers may accept such assistance or support from NGOs.
Sec. 15. Appropriations. -  The amount necessary to cover the salaries and 
benefits of child development workers shall be charged from the Internal 
Revenue Allotment (IRA), Special education Fund (SEF), and Gender and
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Development (GAD) Fund of LCDs concerned; Provided, That the national 
government shall provide subsidy for at least one (1) child development worker 
per center in the fourth, fifth, and six class municipalities. A portion of the 
contribution for m the Philippine Amusement and Gaming Corporation (PAGCOR), 
as provided under Republic Act no. 10410, as well as additional funds generated 
from donations, fees, and contributions collected by the ECCDC from whatever 
source, shall be set aside for the purpose.
Sec 16. Implementing Rules and Regulations. -  Within six (6) months 
from the approval of this Act, the ECCDC, in consultation with the DSWD and the 
DILG, shall promulgate the necessary rules and regulations to implement the 
provisions of this Act.
Sec. 17. Pena! Provisions. -  It shall be unlawful to violate the right of any 
child development worker to security of tenure, to deprive them of any rights as 
provided under this law, or condition the same on political support for any public 
official. Any person who violates the provisions of this Act shall be punished with 
a fine of not less than Twenty Thousand Pesos (P20,000.00) 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, he/she shall, in addition to the penalties 
stated above, be dismissed from government service.
Sec. 18. Separability Clause. -  If any provision of this Act is declared 
unconstitutional or invalid, other parts or provisions hereof not affected thereby 
shall continue to be in full force and effect.
Sec. 19. Repealing Clause. -  Section 6 of Republic Act No. 6972, otherwise 
known as the "Barangay-level Total Development and Protection of Children Act" 
and all laws, executive orders, presidential decrees, presidential proclamations,
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letters of instructions, rules and regulations or parts thereof which are 
inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly.
Sec. 20. Effectivity Clause. -  This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or in two (2) newspapers of general 
circulation.
Approved,