THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
’04 AUG -2 P2 :rj6 
First Regular Session 
1 
S E N A T E  
, Senate Bill No. 
Introduced by Senator Rodolfo G. Biazon 
EXPLANATORY NOTE 
It is the responsibility of parents to mold their children into responsible and productive 
individuals. It is also their responsibility to promote the total development of their 
children. 
In the absence of parents, however, the state must provide sufficient and effective 
parenting. One such measure provided by the state is the Day Care Service. 
A big load of responsibility in childhood development falls on the shoulders of Day Care 
Workers, the moment parents leave their children to them. Hence, we consider them 
“partners” of many parents in providing early education to our children. And though Day 
Care Workers are among the most hardworking and committed service providers to our 
pre-school children, they are not given the security of tenure, the salary and compensation 
due the service that they rendered. 
There is no law that protects the interest of one of our most important service providers. 
Until now Day Care Workers are only receiving a meager monthly allowance of P500 as 
provided for by Republic Act 6972 or the Day Care Law, a measure that rationalized the 
establishment of Day Care Centers in every barangay. 
Aside from the economic conditions that they are subjected to, Day Care Workers have 
no security of tenure and their appointments are in many cases subject to the whims of 
politicians. Putting them in such employment conditions have an adverse negative effect 
on the quality of service that they give to our children. This is why the state should 
guarantee the security of tenure for these workers. They should as well be given 
compensation or salaries equivalent to their expertise and workload. 
The proposed measure seeks to promote, protect and improve the social and economic 
welfare of Day Care Workers. It also aims to professionalize the sector that provides 
substitute parenting to our children. Securing the welfare of our Day Care Workers 
means ensuring the quality of service that they render to our children. 
For this reason, the approval of this bill is sought. 
RODOLF * 
G. BIAZON 
Senator 


’ 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
”04 AU6 -2 P2:06 
OF THE PaILIPPINES 
) 
First Regular Session 
) 
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S E N A T E  
1 
Senate Bill No. 
Introduced by Senator Rodolfo G. Biazon 
AN ACT 
GRANTING THE MAGNA CARTA FOR DAY CARE WORKERS, PROVIDING 
FUNDS THEREFOR AND FOR OTHER PURPOSES 
1 
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”. 
SEC. 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. 
SEC. 3. Coverage. - This Act shall cover all persons engaged in providing Early 
childhood Development in government sponsored day care centers whose primary 
function is to assist in the care of the children and provide social development, education, 
and other needs of the children. 
SEC. 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, further, 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 of effectivity of the Act. 
SEC. 5. Recruitment. - A qualified day care worker shall file hisker 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. 


SEC. 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. 
SEC. 7. Working Hours. - 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 
natural and man-made 
calamities. 
SEC. 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. 
SEC. 9. Married Day Care Workers. - Whenever possible, married couples who are 
both day care workers shall be assigned in the same municipality or city. 
SEC. 10. Transfer and Tenure of Office. - 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. 
SEC. 11. Leave Benefits. - As provided for in existing laws, a day care worker is 
entitled to maternity/paternity, sick and vacation leaves. 
Day care workers with outstanding work performance based on evaluation may 
avail of study leave. 
SEC. 12. Free Medical Examination and Treatment. - Pre-employment and annual 
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. 
SEC. 13. Insurance and Retirement Benefits. - Qualified day care workers shall 
automatically become members of the Government Service Insurance System (GSIS) 
Day care workers, having fulfilled 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. 
SEC. 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 
hisher membership in any organization of day care workers. 
SEC. 15. Code of Conduct for 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. 
SEC. 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. 
SEC. 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 of its effectivity. 
SEC. 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. 
SEC. 19. Penal Provision. - h y  person who violates the provisions of this Act shall be 
punished with a fine of not less than Five Thousand Pesos (P5, 000.00) 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, he/she shall, in addition to the penalties stated 
above, be dismissed from government service. 
SEC. 20. Separability Clause. - Should any provision of this Act be found 
unconstitutional by a court of law, such provision shall be severed from this Act. 
SEC. 21. 
regulations inconsistent with this Act are hereby repealed or modified accordingly. 
SEC. 22. Effectivity. -This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in any newspaper of general circulation. 
Repealing Clause. - All laws, decrees, executive orders, and rules and 
Approved.