Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 3398

Introduced by HONORABLE STRIKE B. REVILLA

EXPLANATORY NOTE

No less than the UNICEF recognizes that the “brain develops at its most rapid pace in
the first few years of life.'” It further emphasizes that there are at least five (5) reasons why
children must attend preschool”. These are: (1) it encourages brain development; (2) it develops
and expands social skills; (3) it becomes the basis for lifelong learning; (4) it trains children for
formal school; and (5) it aids in ending the cycle of poverty for underprivileged children.

In the Philippines, day care centers are institutionalized through Republic Act No. 6972,
also known as the Barangay-Level Total Development and Protection of Children Act, and
Republic Act No. 8980, otherwise known as the Early Childhood Care and Development
(ECCD) Act. Both measures promote and defend the rights of children, protect them against
all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their
development. The measures accord special protection to children with full recognition of the
nature of childhood and their special needs.

More importantly, both measures recognize the stage of childhood, from birth to six (6)
years of age, as critical to development. This is basically the essence of both laws. It is in this
light that day care workers play a central role.

2018, June 27. The benefits of preschool for young children, Downloaded from
https://medium.com/@unicefphils/the-benefits-of-preschool-for -young-children-66604 Ibfd9d
2 Ibid.

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Day care workers cater to millions of children as well as to the children’s families. For
underprivileged Filipino families, having the option of government day care centers, which
require little contribution, is a big help. Day care workers tend to the needs of children, while
their parents are able to attend to other equally important chores.

Inspite the immensity of their work, they are receiving a meager Five Hundred Pesos
(PhPS00.00) per month, an amount not even sufficient for their everyday needs. However, their
willingness to work as volunteers should not be abused. It is not by choice but by necessity,
and at times desperation, that they are forced to accept the work in exchange of an amount not

even enough for their subsistence.

The government, in light of the institutionalization of the ECCD, should finally make

day care workers regular government employees.

By guaranteeing the rights of the day care workers to security of tenure, humane
working conditions and a living wage, the State would be contributing to the improvement of
the quality of early childhood care and education, thereby upholding its mandate to defend and

protect children’s rights as well as guaranteeing the rights of all its workers.

In view of the foregoing, passage of this bill is earnestly sought.

REP. A

24 District, Cavite

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

House BILLNo,_ 3398

Introduced by HONORABLE STRIKE B. REVILLA

‘THE MAGNA CARTA FOR DAY CARE WORKERS

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

Section 1. Short Title. - This Act shall be known as the “Magna Carta for Day Care
Workers.”

Sec. 2. Declaration of Policy. - It is the State’s responsibility to defend the right of
children to assistance, including proper care and nutrition, and special protection from all forms
of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development. It
is also the State’s concern and responsibility to provide adequate remuneration for day care
workers to enhance their general welfare with the end in view of fulfilling the state policy of
defending the rights of children.

Sec. 3. Coverage. - This Act shall cover all persons providing Early Childhood Care
and Development in all government-run day care centers and non-stock, non-profit day care
centers run by volunteers, people’s organizations, associations and non-government
organizations.

Sec. 4. Definition. - For the purpose of this Act, the following terms shall mean:

Early Childhood Care and Development (ECCD) ~ the full range of health, nutrition,
carly education and social services programs that provide for basic holistic needs of young

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children from birth to age six (6), to promote their optimum growth and development through
home-based and center-based program;

Day care centers — public, private or non-profit centers providing ECCD service
pursuant to Republic Act No. 8980 or the ECCD Act.

Sec. 5. Qualifications. - A day care worker must be of legal age and had received
adequate training in Early Childhood Care and Development from the Department of Social
Welfare and Development or its accredited organizations and institutions. Under no
circumstances may a day care worker applicant be discriminated on the basis of gender,
religion, age, status, ethnic groups, educational attainment or political affiliation.

Sec, 6. Security of Tenure. - Stability on employment and security of tenure shall be
assured the daycare workers as provided under existing laws.

Incumbent day care workers not meeting requirements, specifically training in ECCD,
shall not be disqualified but will be required to finish a day care worker training course to be
administered by the Department of Social Welfare and Development within one (1) year from
the effectivity of this Act.

Regular day care workers can only be terminated for cause provided by law and after
due process:

Provided, that if a day care worker is found by the Civil Service Commission to be
unjustly dismissed from work, the day care worker shall be entitled to reinstatement without
loss of seniority rights. Back wages with twelve percent (12%) interest computed from the time
compensation was withheld from the time of reinstatement shall also be awarded.

Sec. 7. Criteria for Salaries. - Day care workers’ salaries shall correspond to the
following criteria:
(@) they shall compare favorably with those paid in other occupations
requiring equivalent or similar qualifications, training and abilities; and

(b) they shall be such as to insure a reasonable standard of life for
themselves and their families

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Sec. 8. 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 municipality/city
social welfare officer may require a day care worker to render service beyond working hours
during emergency situations such as calamities.

Section 9. Benefits. - Day care workers shall be provided with the following benefits:

Philhealth — all day care workers shall be enrolled in the National Insurance Program
to be able to access personal health services;

Social Security — all day care workers shall be enrolled in the Government Service
Insurance System or the Social Security System to be able to avail of retirement, disability,

funeral and other benefits;

Cost of Living Allowance. Daycare workers’ 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 Social Welfare and
Development 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 the daycare workers.

Hazard allowance — day care workers in both urban and rural places, exposed to
situations and conditions with foreseeable but unavoidable danger or risks such as strife-torn
areas and areas under a state of calamity shall be compensated with hazard allowance to be
determined by the local government unit.

Over time work — where the exigencies of the situation so require, any public health
worker may be required to render service beyond the normal eight (8) hours a day. In such a
case, the workers shall be paid an additional compensation in accordance with existing laws
and prevailing practices.

Retirement benefits — all day care workers will receive retirement benefits once they
have reached the age and fulfilled service requirements under existing laws.

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Free legal assistance ~ in case of political-motivated or work-related harassment,
government will provide free legal assistance to day care workers to uphold and protect their

rights.

Sec. 10. Right to Self-Organization. - Day care workers shall have the right to freely
form, join or assist organizations or unions in order to defend and protect their mutual interests,
and to obtain redress of their grievances.

Sec. 11. Married Day care Workers. - Whenever possible, the proper authorities shall
take steps to enable married couples, both of whom are day care workers, to be employed or
assigned in the same municipality.

Sec. 12. Participation Fee. - Day care workers shall in no way be required to shell out
their own money to spend for electricity and rent of their center. If the participation fee set by
the local government is inadequate, it is the LGUs responsibility to pay for necessary utilities
required to operate the day care center.

Sec. 13. Training, Education and Career Enhancement. - The Department of Social
Welfare and Development, in coordination with the Department of Education and other
concemed government agencies and non-government organizations, shall organize training and
educational programs as well as provide opportunities for scholarships and continuing
education.

Sec. 14, Implementing Rules and Regulations. - The Department of Social Welfare and
Development (DSWD), in consultation with the Department of Budget and Management and
the Department of Education (DepEd), shall promulgate the necessary rules and regulations to
implement this Act.

Sec. 15. Appropriations. - The budget needed to implement provisions of this Act shall
be included in the annual General Appropriations Act. Training costs shall be appropriated
under the DSWD.

Sec. 16. Penal Provision. - Any person who shall willfully interfere with, restrain or
coerce any day care worker in the exercise of his/her rights or shall in any manner violate any
provision of this Act, upon conviction, shall be punished by a fine of less than Twenty thousand

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pesos (P20,000.00) or imprisonment of not more than one (1) year or both at the discretion of
the court,

Sec. 17. Constitutionality. - Should any provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality of the other provisions shall not be affected
thereby.

Sec. 18. Repealing Clause. - All laws, decrees, letters of instructions, resolutions,
orders, ordinances or parts thereof which are inconsistent with the provisions of this Act, are
hereby repealed, amended, or modified accordingly.

Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation.

Approved,

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