Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No.__ 2034

Introduced by Representative IGNACIO T. ARROYO

EXPLANATORY NOTE

We believe that a major contributing factor to our poor quality education is the
lack of preparation for our schooling. Thus, a child should be given the opportunity to
develop his or her cognitive, personal, social and language skills at an early age. Child
educators agree that starting education at pre-school age has substantial benefits to the
learner and to society. By contributing to better academic performance pre-schooling,
helps reduce the number of repeaters hence we cut back on educational expenditure,
Hence, the passage of Republic Act No. 6972 known as the "Baranggay-Level Total
Development & Protection of Children Act” that provided among others the
establishment of a day care center in every barangay throughout the country. It is of
paramount importance however that we put people who can help and guide our
children in preparation for big school.

Hence, this bill seeks to protect, promote and improve the economic and social
welfare of day care workers.

Considering the vital role they play in molding the
character and personality of the children entrusted to them, Day Care Workers should
be properly compensated for the work they perform and opportunities for
self-development should be made available to them.

In view of the foregoing, the immediate approval of this bill is earnestly

requested
Sipe Foro
fepresentatives

5% District, Negros Occidental


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No._2084

Introduced by Representative IGNACIO T. ARROYO

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”.

SEC. 2. Declaration of State Policy. — The State recognizes the vital role of children
and youth in nation-building and shall promote and protect their physical and moral,
spiritual, intellectual and social well-being. It shall then be its declared policy to
promote and improve the social well-being and economic welfare of day care workers
who provide pre-school education and social development service to the children,
towards this end, the State shall adopt policies that will protect the rights and enhance
the dignity of day care workers.

SEC. 3. Coverage. ~ This Act shall cover all persons engaged in the provision of
Early Childhood Development in government-sponsored day care centers whose

primary function is to assist in the provision of care, social development, education, and
other needs of the children.

SEC. 4. Qualification. A day care worker must be of legal age, possesses at least, a
career sub-profession eligibility and must have training in Early Childhood Care and
Development. Provided, That, an incumbent day care worker who has been serving for
the last five (5) years upon approval of this Act and does not meet the prescribed
educational qualification standard shall not be disqualified; Provided, further, That
such Day Care Worker shall complete the Day Care Worker training course provided


by the Department of Social Welfare and Development (DSWD) within one (1) year of
effectivity of this Act.

SEC. 5. Recruitment. ~ A qualified Day Care Worker shall file his/her 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 graduate level to below second year college and length of
service of at least five (5) years shall receive the 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 his/her required working hours during emergency situations such as natural
and man-made calamities.

SEC. 8. Additional Compensation and Allowances. - Day Care Workers shall be
provided the following additional compensation whenever applicable:

a) Overtime pay for services rendered beyond the required working hours;

b) Hazard Allowance - Barangay Day Care Workers in urban and rural areas,
exposed to situations, conditions or factors in the work environment or place
where foreseeable but: unavoidable danger or risk exist which adversely
endanger his/her health or life and/or increase the risk of producing adverse
effect on his/her duties, to be validated by proper authorities shall be entitled to

hazard allowance to be determined by the local Sangguniang Barangay
concerned; and

c) Subsistence Allowance ~ Barangay Day Care Workers who render service
within the premises of isolated Barangay Day Care Centers in order to make
their services available at any and all times, shall be entitled to subsistence
alent to the meals they take in the course of their duty, which
shall be computed in accordance with prevailing circumstances as determined by
the local Sangguniang Barangay concerned.

allowance equi


SEC. 9. Training, Education, and Career Enrichment Programs ~ The Department of
Social Welfare and Development, in coordination with the Department of Education
and other concerned government agencies and non-government organizations, shall
provide opportunities for the following:

1.) Educational Programs which shall recognize years of day care service as
credits to higher education in institutions with step-ladder curricula that will
entitle Barangay Day Care Workers to upgrade their skills and knowledge for
community work;

2.) Continuing education, study and exposure tours, training grants, field
immersion, scholarships, etc.;

3.) Scholarship benefits in form of tuition fees in state colleges, to be granted
to one child of Barangay Day Care Worker who will not be able to take
advantage of the above programs;

4.) Special Training programs and address emergent community health
problems and issues.

SEC. 10. Other Benefits and Privileges due to Day Care Workers. Apart from the
abovementioned benefits, the following are additional entitlements of Day Care
Workers:

a. Civil Service Eligibility - Second grade eligibility shall be granted to Barangay

Day Care Workers who have rendered five (6) years of continuous service.

Provided, that, should the Barangay Day Care Worker become a regular

employee of the government, the total number of years served as Barangay Day

Care Worker shalll be credited to his service in computing retirement benefi

b. Transfer or Geographical Reassignment of Day Care Workers. ~ No Day Care
Worker shall be transferred or reassigned from one center to another without
his/her prior knowledge and/or consent.

c. Married Day Care Workers. ~ Whenever possible, married couples who are both
Day Care Workers shall be assigned in the same municipality or city.

d. Free Legal Services - Legal representation and consultation services for
Barangay Day Care Worker shall be immediately provided by the Public
Attorneys Office in cases of coercion, interference, and in other civil and criminal
cases filed by or against Barangay Day Care Workers arising out of or in
connection with the performance of their duties.

©. 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.

€. Preferential Access to Loans. The Department of Social Welfare and
Development in coordination with other concerned government agencies shall
provide a mechanism for access to loan services by organized Day Care Workers.
‘The agencies providing, loan services will set aside one percent (1%) of their
loanable funds for organized Day Care Workers groups that have community-
based income generating, projects in support of Day Care programs or activities.

As provided under existing laws, a Day Care Worker shall not be terminated
from work without due cause; shall have the freedom to organize themselves and under
no circumstances shall any Day Care Worker be dismissed on the basis of his/her
anembership in any organization of Day Care Workers; shall automatically become
scinbers of the Government Service Insurance System (GSIS); and shall be entitled to
maternity/paternity, sick and vacation leaves.

SEC. 11. Support from Non-Government Organizations. — Non-government
organizations or private volunteer organizations are hereby encouraged to assist and/or
support the government in the implementation of programs and projects of Day Care
Workers. As such, all Day Care Workers are allowed to accept any assistance or support
coming from the NGOs.

SEC. 12. 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 Workers. Each Day Care
Worker shall be provided a copy of the Code.

SEC. 13, Implementing Rules and Regulations. - The Department of Interior and
Local Government (DILG) and the Department of Social Welfare and Development
(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.

SEC. 14. Appropriations. - Salaries and benefits of Day Care Workers shall be
charged to the local government units concerned. Training needs Day Care Workers
shall be charged to the annual appropriations of the DSWD.

SEC. 15. Penal Provisions Any 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) month, 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, 16. 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. 17, Repealing Clause. ~ All laws, decrees, executive orders, and rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 18. Lyfectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation

Approves,