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EIGHTEENTH CONGRESS TIME. -
First Regular Session
3705

HOUSE BILL NO.’

introduced by Rep. Precious Hipolito Castelo

EXPLANATORY NOTE

Day Care workers play a vital role in the grand scheme of things. They serve as second
parents to children whose parents are unable to spend for those who would look after
them when they set out to eke out a living. Their function has become so integral to
modern society that the State should support them so that they may be able to fulfil their
noble duties in an efficient manner.

This can be accomplished if and only if the State provides them with the apt benefits
and institutional support that would empower them.

Thus, this measure provides for the Magna Carta for Day Care Workers.

The immediate passage of this bill is most earnest}



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3705

HOUSE BILL NO.

Introduced by Precious Hipolito Castelo

AN ACT
INSTITUTING THE MAGNA CARTA OF DAY GARE WORKERS AND PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. Title. - This Act shall be known as the “Magna Carta of 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, moral, spiritual, intellectual,
and social well-being. Towards this end, the State shall adopt policies that will improve the
social and economic welfare of day care workers who provide pre-school education and social
development services to children.

SEC. 3. Coverage. - This Act covers all day care workers, also referred to as Child
Development Workers in Republic Act No. 10410, otherwise known as The Early Years Act
(EYA), 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 day care
centers.

SEC. 4. Plantilla Positions and Security of Tenure in Day Care Centers. - At least one
(1) Day Care Worker | and one (1) Day Care Worker I! plantilla positions shall be created in all
day care centers nationwide. As plantila position holders, day care workers shall be appointed
under permanent status and shall be protected and governed by Civil Service rules and
regulations. No day care worker shall be removed or transferred from office without just cause,
due process, or prior consultation with the concerned day care worker.

SEC. 5. Recruitment and Selection/Criterion of Special Selection Board. — Upon
publication and posting by the local Human Resource Management Office (HRMO) of vacant
permanent day care worker positions in particular day care centers, all qualified applicants shall
submit their application together with complete requirements to the Punong Barangay who shall
forthwith transmit the same to the HRMO for preliminary evaluation: Provided, That all qualified
incumbent day care workers hired under casual, contractual, and job order employment status
shall automatically be considered candidates and given priority for appointment to permanent
day care worker positions.


A Special Personnel Selection Board (SPSB) for day care worker positions shall be
created to screen candidates and create a pool of ten (10) qualified applicants for possible
appointment to the subject positions. The SPSB shall be composed of the Local Social Welfare
and Development Officer as chair, the Punong Barangay, Local Health Officer, Human
Resource Management Officer, and local government unit (LGU) first level employees’
representative as members.

The Local Chief Executive, as the appointing authority, shall exercise sound discretion in
selecting from the SPSB-recommended pool the most qualified for appointment to the day care
worker position in a particular day care center.

SEC. 6. Qualifications, Positions, and Salary Grade. — A day care worker possessing the
following qualifications shall be hired to the position of Day Care Worker |, and entitled to Salary
Grade Six (8):

1) Must be of legal age: Provide, That day care workers legitimately serving as such
upon the passage of this Act who are above seventeen (17) years old but below
eighteen (18) years old, shall continue to serve as such and are qualified to be covered
under this Act. Provided, further, That their retention had been recommended by their
direct supervisor;

2) Must have completed at least two (2) years of college education: Provided, That day
care workers who have no college education upon the effectivity of this Act shall be
given three (3) years within which to complete equivalent training to be able to continue
in the service, in accordance with Sec. 9 of this Act. The necessary training courses
shall be prescribed by the Department of Social Welfare and Development;

3). Must be certified by the DSWD or DSWD-deputized entities to have complied with
existing requisites and trainings in early childhood care and development;

4) Must not have been convicted by final judgment of any crime; and,

5) Must not have a pending case in relation to Republic Act No. 7610, otherwise known
as the Special Protection on Children Against Child Abuse.

A day care worker who possesses all the above qualifications, has at least five (5) years
of working experience as such, and has completed more than twelve (12) hours of
relevant training, shall be hired as Day Care Worker Il, and entitled to Salary Grade
Eight (8)

Qualifications and exceptions applicable to this Section shall be subject to conditions
imposed by the Civil Service Commission (CSC).

SEC. 7. Additional Compensation and Allowances. - Day Care Workers shall be
provided with the following additional compensation, whenever possible:

a. Overtime Pay — for services rendered beyond the required working hours as
prescribed in Sec. 12 hereof;

b. Hazard Allowance — for being exposed to situations, conditions, or factors in the
workplace which endanger the workers’ health or life, or increase the danger or risk


in the exercise of their duties. Such risk or danger shall be determined by the
Sangguniang Barangay concerned; and

c. Subsistence Allowance — for services rendered within the premises of isolated day
care centers equivalent to the meals they take in the course of their duty, which shall
be computed in accordance with prevailing circumstances as determined by the
‘Sangguniang Barangay concerned.

SEC. 8. Other Benefits and Privileges. - Day Care Workers shall be entitled to the
following additional benefits and privileges:

a. Married Day Care Workers. - Whenever possible, married couples who are both day
care workers shall be assigned in the same municipality or city.

b. Right to Self-Organization. — Day care workers shall have the freedom to organize
themselves and under no circumstance may be dismissed from work on the basis of
membership in such organization.

c. Free Legal Services. - The Public Attorney's Office (PAO) shalll represent day care
workers in cases filed against them in connection with the performance of their
duties.

d. Free Medical Examination and Treatment - Annual medical examination 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 without cost in
government hospitals.

e. Preferential Access to Livelihood, Loans, Grants, and Skills Enhancement. — The
DSWD and the LGUs, in coordination with other concerned government agencies,
shall provide organized day care workers with a mechanism for accessing livelihood,
loans, grants, and skills enhancement services.

f. Other benefits. — All day care workers shall automatically become members of the
GSIS, PAG-IBIG, and PHILHEALTH, subject to premium payments by both
employers and employees, and shall be entitled to matemity/paterity, sick, and
vacation leaves as provided for by existing laws.

SEC. 9. Training, Education and Skills Enhancement. - The DSWD, in coordination with
DepEd, CHED, and TESDA, shall provide for a system of continuing education and skills
training and knowledge enhancement programs for day care workers.

‘An equivalency system of education, which shall provide for the recognition of the actual
work experiences and prior learning of day care workers, shall be adopted by the DepEd,
CHED, and TESDA for possible accreditation into formal academic or training units.

SEC. 10. Support from Non-Government Organizations (NGOs). - Non-government
organizations or private volunteer organizations are hereby encouraged to assist or support the
government in the implementation of programs and projects for day care workers. As such, all
day care centers are allowed to accept any assistance or support from NGOs.


SEC. 11. Code of Conduct of Day Care Workers. — Within six (6) months upon approval
of this Act, the ECDC, in consultation with a national organization of day care workers, shall
formulate a Code of Conduct for Day Care Workers. Each day care worker shall be provided
with a copy of the Code at the expense of government.

SEC. 12. 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 local social welfare
officer may require day care workers to render services beyond their required working hours
during emergency situations such as natural and man-made calamities.

SEC. 13. Implementing Rules and Regulations. - The DSWD, ECCDC, and DILG, in
consultation with the CSC and a 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. — The amount necessary to cover the salaries and benefits of
day care workers shall be charged from the Internal Revenue Allotment (IRA) and the Special
Education Fund of LGUs concerned. Provided, That the national government shall provide
subsidy for at least one (1) day care worker per center in the fourth, fifth and, sixth class
municipalities. A portion of the contribution of PAGCOR as provided under R. A. No. 10410 as
well as additional funds generated from donations, fees, and contributions collected by the
ECCDC from whatever source shall also be set aside for the purpose.

SEC. 15. Penal Provisions. - Any person who violates any provision of this Act shall be
punished with a fine of not less than Ten Thousand Pesos (10,000.00) or imprisonment of not
less than one (1) month but not more than two (2) months, or both, at the discretion of the court.

If the offender is a public official, the offender shall, in addition to the penalties stated
above, be dismissed from government service and shall be perpetually disqualified from
assuming any public office.

SEC. 16. Separability Clause. - If any provision of this Act or any part thereof, is
declared unconstitutional, the same shall not affect the validity and effectivity of the other
provisions.

SEC. 17. Repealing Clause. — Republic Act No. 6972, otherwise known as Barangay-
Level Total Development and Protection of Children Act, and all laws, decrees, rules and
regulations, and executive orders contrary to or inconsistent with this Act, are hereby repealed
or modified accordingly.

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

Approved,