FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. '8. No. 10 
3r t\' f~tT 
Off,CE (iF : ";c SEI';FU; (;:.RY 
It JtIl -1 A9 :08 
"'~ 
Introduced by Senator LOREN LEGARDA 
EXPLANATORY NOTE 
This bill seeks to provide more benefits and greater protection to teachers and 
non-teaching personnel all over the country by strengthening and amending certain 
provisions of Republic Act No. 4670 or the Magna Carta for Public School Teachers. 
Teachers are indeed invaluable to our society. Their responsibility in molding 
the values and character of the young generation of the country cannot be 
overestimated. Aside from educating our children, teachers are likewise the most 
reliable and dedicated public servants. They are being constantly called upon by 
officials of the local and national governments to assist in various extra-curricular 
and civic activities which contribute to the welfare of the community and the 
country, most notable of which is when they perform their functions as members of 
the Board of Election Inspectors during election period, and recently, when they 
were called upon to assist the National Statistics Office in gathering data from 
households in all parts of the country, even those situated in remote areas. 
As of school year 2008-2009, there are 353,280 public elementary school 
teachers teaching at 37,607 public elementary schools with 12,574,506 elementary 
school emollees. In the same school year, the teacher-pupil ratio is 1:36. In the 
secondary level, there are 138,058 public secondary schools teaching at 5,359 public 
secondary schools with 5,421,562 secondary student emollees. This translates to a 
teacher-student ratio of 1:39. 
Based on Department of Labor figures, public school teachers are indeed 
among the lowest paid government workers considering the nature and importance 
of the services they render. This phenomena has thus resulted in an exodus of our 
competent teachers who find higher paying jobs and better terms of employment 
abroad. 
To stress their importance to society, teachers are given substitute and special 
parental authority under our laws. Article 218 of the Family Code states that the 
school, its administrators and teachers shall have special parental authority and 
responsibility over the minor child while under their supervision, instruction or 
custody. 
It is imperative therefore that to attract the most competent and efficient to 
the teaching profession, government must provide compensation and benefits 
commensurate to the work they perform and the contribution they make to the 
society. 
1 


This bill addresses that need by providing for security of tenure to teachers, 
payment of their salaries as well as those of non-teaching personnel on a monthly 
basis regardless of semestral or summer vacations, annual salary increase or 
adjustment to mitigate the effects of inflation, and other measures that will protect 
the rights and promote the welfare of our public school teachers. This bill also 
provides for gratuity benefit for teachers and non-teaching personnel who choose to 
retire before reaching the compulsory retirement age of 60 and have rendered not 
less than two (2) years service. 
This proposed measure likewise guarantees their rights to self-organization 
and to collective bargaining in accordance with ILO Convention numbered 87 and 
98. It also grants teachers and employees' organizations, whether independent or 
federated, the right to negotiate directly with school owners and administrations. 
Furthermore, this bill mandates the formulation of a Code of ProfEssional 
Conduct for the Teaching Profession to further promote the professionalization of 
the teaching profession and encourage unity among teachers and non-teaching 
personnel. Finally, this bill makes it obligatory for all schools and learning 
institutions offering education as a course to teach this Magna Carta as part of the 
course requirement. 
To the teachers, the State owes absolute fidelity to the protection of their 
rights and the promotion of their welfare. 
In view of the foregoing, the passage of this bill is earnestly sought. 
Senator 
2 


1 
2 
3 
4 
5 
6 
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8 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SEN ATE 
S.ltNo._lO 
Introduced by Senator Loren Legarda 
AN ACT 
lCl Jtil-l A9 :09 
PROVIDING FOR SECURITY OF TENURE, CODE OF CONDUCT AND 
ADDITIONAL BENEFITS TO TEACHERS, AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 4670, OTHERWISE KNOWN AS THE MAGNA CARTA 
FOR PUBLIC SCHOOL TEACHERS, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
BOOK I 
GENERAL PROVISIONS 
CHAPTER 1 
PRELIMINARY MATTERS 
[1. DECLARATION OF POLICY COVERAGE] 
9 
Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act 
10 
to promote and ADVANCE [improve] the social [and] economic AND 
11 
PROFESSIONAL status of [public school] teachers AND NON-TEACHING 
12 
PERSONNEL IN ORDER TO ENSURE THAT THEY ENJOY THE STATUS AND 
13 
BENEFITS COMMENSURATE TO THEIR INVALUABLE ROLE IN NATIONAL 
14 
DEVELOPMENT, AND THAT THEY MAY COMPARE FAVORABLY WITH 
15 
OTHER PROFESSIONALS IN THE SERVICE SECTOR OF SOCIETY. [, their 
16 
living and working conditions, their terms of employment and career prospects in 
17 
order that they may compare favorably with existing opportunities in other walks of 
18 
life, attract and retain in the teaching profession more people with the proper 
19 
qualifications, it being recognized that advance in education depends on the 
20 
qualifications and ability of the teaching staff and that education is an essential 
1 


1 
factor in the economic growth of the nation as a productive investment of vital 
2 
importance. ] 
3 
4 
Sec. 2. Title [Definition]. This Act shall be known as the ["Magna Carta for 
5 
Public School Teachers" and shall apply to all public school teachers except those in 
6 
the professorial staff of state colleges and universities.] INTEGRATED MAGNA 
7 
CARTA OF TEACHERS AND NON-TEACHING PERSONNEL OF 2010. 
8 
9 
As used in this Act, the term "teacher" shall mean all persons engaged in 
10 
classroom teaching, in [any] ALL level of instruction, on full-time OR PART TIME 
11 
basis, including guidance counselors, school librarians, industrial arts or vocational 
12 
instructors, [and all other persons performing supervisory and/or administrative 
13 
functions in all schools, colleges and universities operated by the Government or its 
14 
political subdivisions; but shall not include school nurses, school physicians, school 
15 
dentists, 
and other school 
employees.] 
THE TERM "NON-TEACHING 
16 
PERSONNEL" SHALL REFER TO ALL EMPLOYEES IN THE EDUCATION 
17 
SERVICE, REGARDLESS OF THE NATURE OF THEIR WORK AND STATUS 
18 
OF EMPLOYMENT AND INCLUDING EMPLOYEES IN THE DEPARTMENT 
19 
OF EDUCATION. 
20 
21 
SECTION 3. 
APPLICABILITY. -
ALL 
RIGHTS AND BENEFITS 
22 
GRANTED TO TEACHERS AND NON-TEACHING PERSONNEL UNDER 
23 
THIS ACT SHALL, EXCEPT AS MAY OTHERWISE BE PROVIDED HEREIN, 
24 
APPLY ALIKE TO ALL TEACHERS AND NON-TEACHING PERSONNEL IN 
25 
ALL 
LEVELS 
OF PUBLIC AND PRIVATE SCHOOLS, AND 
STATE 
26 
UNIVERSITIES AND COLLEGES. 
27 
28 
SECTION 4. CONSTRUCTION IN FAVOR OF TEACHERS AND NON-
29 
TEACHING PERSONNEL. - ALL DOUBTS IN THE IMPLEMENTATION AND 
30 
INTERPRETATION OF THE PROVISIONS OF THIS ACT INCLUDING ITS 
31 
IMPLEMENTING RULES AND REGULATIONS SHALL BE RESOLVED IN 
32 
FAVOR OF THE TEACHERS AND NON-TEACHING PERSONNEL. 
33 
34 
35 
36 
BOOK TWO 
EMPLOYMENT STANDARDS 
[II. RECRUITMENT AND CAREER] 
2 


1 
Sec. [3] 5. Recruibnent and Qualification. Recruibnent policy with respect to the 
2 
selection and appoinbnent of teachers shall be clearly defined by the Deparbnent of 
3 
Education [,Culture and Sports]: Provided, however, that effective upon the approval 
4 
of this Act, the following shall constitute the minimum educational qualifications for 
5 
teacher-applicants: 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
(a) 
For teachers in the kindergarten and elementary grades, Bachelor's 
degree in Elementary Education (B.5.E.ED.); 
(b) 
For teachers of the secondary schools, Bachelor's degree in Education or 
its equivalent with a major and a minor; or a Bachelor's degree in Arts or 
Science with at least eighteen professional units in Education. 
(c) 
For teachers of secondary vocational and two years technical courses, 
Bachelor's degree in the field of specialization with at least eighteen 
professional units in education; 
18 
(d) For teachers of ACADEMIC courses on the [collegiate] COLLEGE level, 
19 
[other than vocational,] master's degree with a specific area of 
20 
specialization [;]. THEY SHALL TEACH ONLY THEIR MAJOR FIELD 
21 
AND/OR ALLIED SUBJECTS. 
22 
23 
[Provided, further, That in the absence of applicants who possess the 
24 
minimum educational qualifications as hereinabove provided, the school 
25 
superintendent may appoint, under a temporary status, applicants who do not meet 
26 
the minimum qualifications: Provided, further, That should teacher-applicants, 
27 
whether they possess the minimum educational qualifications or not, be required to 
28 
take competitive examinations, preference in making appointments shall be in the 
29 
order of their respective ranks in said competitive examinations: And provided, 
30 
finally, That the results of the examinations shall be made public and every 
31 
applicant shall be furnished with his score and rank in said examinations. ] 
32 
33 
PROVIDED, HOWEVER, THAT IN CASES OF DIFFICULTY IN 
34 
COMPLYING WITH THE ABOVE PROVISION IN PRIVATE SCHOOLS, 
35 
EXEMPTION 
MAY 
BE 
REQUESTED 
FROM 
THE 
SECRETARY 
OF 
36 
DEPARTMENT OF EDUCATION, AND IN THE 
CASE 
OF 
STATE 
3 


1 
UNIVERSITIES AND COLLEGES, FROM THE COLLEGE OR UNIVERSITY 
2 
PRESIDENT THROUGH THE OFFICE OF ACADEMIC AFFAIRS: PROVIDED, 
3 
FURTHER, THAT NOT LESS THAN EIGHTY PERCENT (80%) OF THE TOTAL 
4 
WORKING FORCE 
IN THE COLLEGIATE 
LEVEL 
SHALL POSSESS 
5 
MASTERAL DEGREE: PROVIDED, FURTHERMORE, THAT TEACHERS IN 
6 
PRIVATE SCHOOLS, COLLEGES AND UNIVERSITIES WHO WERE HIRED 
7 
WITHOUT THE NECESSARY QUALIFICATIONS AS HEREINABOVE SET 
8 
FORTH SHALL BE GIVEN A GRACE PERIOD OF AT LEAST SIX (6) YEARS 
9 
WITHIN WHICH TO QUALIFY. 
10 
11 
IN THE ABSENCE OF APPLICANTS IN THE ELEMENTARY AND 
12 
SECONDARY 
PUBLIC 
SCHOOLS 
WHO 
POSSESS 
THE 
MINIMUM 
13 
EDUCATIONAL QUALIFICATIONS AS HEREINABOVE PROVIDED, THE 
14 
SCHOOL SUPERINTENDENT MAY APPOINT UNDER A TEMPORARY 
15 
STATUS, 
APPLICANTS 
WHO 
DO 
NOT 
MEET 
THE 
MINIMUM 
16 
QUALIFICATIONS: PROVIDED, HOWEVER, THAT SHOULD TEACHER-
17 
APPLICANTS, WHETHER THEY POSSESS THE MINIMUM QUALIFICATION 
18 
OR NOT, BE REQUIRED TO TAKE COMPETITIVE EXAMINATIONS, 
19 
PREFERENCE IN MAKING APPOINTMENTS SHALL BE IN ORDER OF THEIR 
20 
RESPECTIVE RANKS IN SAID COMPETITIVE EXAMINATIONS: AND 
21 
PROVIDED, FURTHER, THAT THE APPLICANT SHALL BE FURNISHED 
22 
WITH HIS SCORE AND RANK IN EXAMINATIONS. 
23 
24 
WHEN VACANCIES OCCUR IN THE TEACHING FORCE OF THE 
25 
SCHOOL DURING THE SCHOOL YEAR, SUBSTITUTES OR REPLACEMENTS 
26 
WITH SIMILAR OR HIGHER QUALIFICATIONS SHALL BE EMPLOYED. 
27 
28 
Sec. [4] 6. Probationary Period. [When recruitment takes place after adequate 
29 
training and professional preparation in any school recognized by the Government, 
30 
no probationary period preceding regular appointment shall be imposed if the 
31 
teacher possesses the appropriate civil service eligibility: Provided, however, That 
32 
where, due to the exigencies of the service, it is necessary to employ as teacher a 
33 
person who possesses the minimum educational qualifications herein above set 
34 
forth but lacks the appropriate civil service eligibility, such person shall be 
35 
appointed on a provisional status and shall undergo a period of probation for not 
36 
less than one year from and after the date of his provisional appointment.] THE 
4 


1 
DURATION 
OF 
PROBATION 
AND 
THE 
CONDITIONS 
FOR 
ITS 
2 
SATISFACTORY COMPLETION SHALL BE MADE KNOWN IN ADVANCE TO 
3 
THE TEACHER-APPLICANT AND THE SAME SHALL BE EXPRESSLY 
4 
STIPULATED IN THE APPOINTMENT PAPERS. 
5 
6 
A. PUBLIC SCHOOLS - WHEN RECRUITMENT TAKES PLACE AFTER 
7 
PROOF 
OF 
ADEQUATE 
TRAINING 
AND 
PROFESSIONAL 
8 
PREPARATION 
IN 
A 
SCHOOL 
RECOGNIZED 
BY 
THE 
9 
GOVERNMENT TO GIVE THE SAME, NO PROBATIONARY 
10 
PERIOD 
PRECEDING 
REGULAR 
EMPLOYMENT SHALL 
BE 
11 
IMPOSED IF THE TEACHER POSSESSES THE APPROPRIATE CIVIL 
12 
SERVICE ELIGIBILITY, PROVIDED, HOWEVER, THAT IF IT IS 
13 
NECESSARY TO EMPLOY AS A TEACHER A PERSON WHO 
14 
POSSESSES THE MINIMUM EDUCATIONAL QUALIFICATIONS 
15 
HEREINABOVE SET FORTH BUT LACKS THE APPROPRIATE CIVIL 
16 
SERVICE ELIGIBILITY, SUCH PERSON SHALL BE APPOINTED ON 
17 
A PROVISIONAL STATUS AND SHALL UNDERGO A PERIOD OF 
18 
PROBATION OF ONE SCHOOL YEAR FROM THE DATE OF HIS 
19 
PROVISIONAL APPOINTMENT. 
20 
21 
B. PRIVATE SCHOOLS -
THE PROBATIONARY PERIOD FOR 
22 
PRIVATE SCHOOLS SHALL BE ONE SCHOOL YEAR. 
23 
24 
C. STATE UNIVERSITIES AND COLLEGES - INSTRUCTORS IN STATE 
25 
UNIVERSITIES AND COLLEGES SHALL SERVE A PROBATIONARY 
26 
PERIOD OF ONE SCHOOL YEAR. 
27 
28 
TEACHERS 
WHO 
HAVE 
SATISFACTORILY 
PASSED 
THE 
29 
CORRESPONDING 
PROBATIONARY 
PERIOD 
SHALL 
BE 
ISSUED 
30 
PERMANENT APPOINTMENT, PROVIDED, HOWEVER, THAT DURING THE 
31 
PROBATIONARY 
PERIOD, 
REGULAR 
EVALUATION 
OF 
THEIR 
32 
PERFORMANCE SHALL BE MADE BY THE ADMINISTRATION, PEERS AND 
33 
STUDENTS 
IN 
ACCORDANCE 
WITH 
THE 
CRITERIA 
JOINTLY 
34 
ESTABLISHED 
BY 
THE 
ADMINISTRATION 
AND 
THE 
TEACHER'S 
35 
ORGANIZATIONS. 
36 
5 


1 
COMPLETION 
OF 
MASTERAL 
DEGREE 
FOR 
COLLEGE 
2 
INSTRUCTORS, WHETHER IN PRIVATE OR STATE UNIVERSITIES AND 
3 
COLLEGES, SHALL BE REQUIRED ONLY FOR PROMOTION TO THE 
4 
POSITION OF ASSISTANT PROFESSOR AND NOT FOR TENURE AT THE 
5 
INSTRUCTOR LEVEL. 
6 
7 
Sec. [5] 7. Tenure of Office. Stability on employment and security of tenure shall be 
8 
assured the teachers [as provided under existing laws]. 
NO PERMANENT 
9 
TEACHER SHALL BE TERMINATED EXCEPT FOR JUST CAUSES AS 
10 
PROVIDED BY LAW, AND AFTER DUE PROCESS. IN THE CASE OF A 
11 
PROBATIONARY TEACHER, HIS SERVICES MAY BE TERMINATED ONLY 
12 
FOR JUST CAUSE OR WHEN HE FAILS TO QUALIFY AS A PERMANENT 
13 
TEACHER 
IN 
ACCORDANCE 
WITH 
REASONABLE 
STANDARDS 
14 
STIPULATED IN HIS APPOINTMENT PAPERS AND AFTER DUE PROCESS. 
15 
16 
A TEACHER OR NON-TEACHING PERSONNEL WHO IS UNJUSTLY 
17 
DISMISSED 
FROM 
THE 
SERVICE 
SHALL 
BE 
ENTITLED 
TO 
18 
REINSTATEMENT WITHOUT LOSS OF SENIORITY RIGHTS AND TO BACK 
19 
WAGES COMPUTED FROM THE TIME COMPENSATION WAS WITHHELD 
20 
UP TO THE TIME OF ACTUAL REINSTATEMENT. 
21 
22 
Subject to the provisions of Section [three] 6 (A) hereof, teachers appointed on 
23 
a provisional status for lack of necessary civil service eligibility shall be extended 
24 
permanent appointment for the position he is holding after having rendered at least 
25 
[ten] THREE (3) years of [continuous,] ACCUMULATED efficient and faithful 
26 
service in such position. 
27 
28 
Sec. [6] 8. Consent for Transfer [Transportation Expenses.] Except for cause and as 
29 
herein otherwise provided, no PUBLIC SCHOOL teacher shall be transferred 
30 
without his EXPRESSED consent IN WRITING from one station to another. 
31 
32 
Where the exigencies of the service require the transfer of a teacher from one station 
33 
to another, such transfer may be effected by the school superintendent who shall 
34 
first notify the teacher concerned of the transfer and the reason or reasons therefor. 
35 
If the teacher believes there is no justification for the transfer, he may appeal his case 
36 
to the Director of Public Schools or the Director of Vocational Education, as the case 
6 


1 
may be WHO SHALL RENDER A DECISION WITHIN ONE (1) WEEK FROM 
2 
RECEIPT OF THE APPEAL. Pending his appeal and the decision thereon, his 
3 
transfer shall be held in abeyance: Provided, however, that no transfers whatever shall 
4 
be made WITHIN three months before any local or national election. 
5 
6 
[Necessary transfer expenses of the teacher and his family shall be paid for by the 
7 
Government if his transfer is finally approved.] 
8 
9 
NO TEACHER WHETHER IN PRIVATE OR PUBLIC SCHOOLS OR STATE 
10 
UNIVERSITIES AND COLLEGES SHALL BE TRANSFERRED FROM ONE 
11 
POSITION TO ANOTHER IN WHICH HE LACKS QUALIFICATION, SKILLS 
12 
AND EXPERIENCE. 
13 
14 
A TEACHER SUBJECT OF A VALID TRANSFER SHALL NOT SUFFER ANY 
15 
DIMINUTION IN RANK AND IN PAY. SHOULD HE BE TRANSFERRED TO A 
16 
HIGHER-PAYING POSITION, HE SHALL BE ENTITLED TO THE SALARIES 
17 
AND BENEFITS PERTAINING TO THAT POSITION. 
18 
19 
Sec. 9. ADVANCEMENT AND PROMOTION - SUBJECT TO THE NECESSARY 
20 
QUALIFICATIONS, TEACHERS SHALL BE ASSURED OPPORTUNITIES TO 
21 
MOVE FROM ONE TYPE OR LEVEL OF SCHOOL TO ANOTHER WITHIN 
22 
THE EDUCATION SERVICE. IN CASE OF TRANSFER OF A PERMANENT 
23 
TEACHER HFjSHE SHALL RETAIN HIS/HER PERMANENT STATUS. 
24 
25 
Sec. 10. ADVANCEMENT AND PROMOTION -
TEACHERS AND NON-
26 
TEACHING PERSONNEL SHALL BE ASSURED OPPORTUNITIES TO MOVE 
27 
FROM ONE TYPE OR LEVEL OF SCHOOL TO ANOTHER WITHIN THE 
28 
EDUCATION SERVICE. IN CASE OF TRANSFER OF A PERMANENT 
29 
TEACHER HFjSHE SHALL RETAIN HIS/HER PERMANENT STATUS. 
30 
31 
PROMOTION SHALL BE BASED ON AN OBJECTIVE ASSESSMENT OF 
32 
THE TEACHER'S QUALIFICATIONS FOR THE NEW POST BY REFERENCE 
33 
TO STRICTLY PROFESSIONAL CRITERIA LAID DOWN IN CONSULTATION 
34 
WITH TEACHER'S ORGANIZATIONS. 
35 
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1 
Sec. 11. RANKING OF FACULTY MEMBERS. - FACULTY MEMBERS SHALL 
2 
BE ASSIGNED ACADEMIC RANKS IN ACCORDANCE WITH THEIR 
3 
ACADEMIC TRAINING AND EDUCATIONAL ATTAINMENT. CRITERIA 
4 
FOR 
RANKING 
SHALL 
BE 
PERFORMANCE-DETERMINED 
IN 
5 
COLLABORATION WITH TEACHER'S ORGANIZATIONS. RANKING SHALL 
6 
BE PERFORMANCE-ORIENTED. 
7 
8 
A NEW MEMBER OF THE FACULTY IN THE COLLEGIATE LEVEL 
9 
SHALL BEGIN AS INSTRUCTOR: PROVIDED, HOWEVER, THAT HE MAY BE 
10 
APPOINTED AS ASSISTANT PROFESSOR, ASSOCIATE PROFESSOR, OR 
11 
PROFESSOR 
OR 
ANY 
OTHER 
HIGHER 
RANK, 
IF 
SUCH 
12 
APPOINTMENTjDESIGNATION IS WARRANTED BY HIS EXPERIENCE, 
13 
TRAINING AND SCHOLARSHIP CREDENTIALS. 
14 
15 
Sec. 12. Academic Freedom. -
ALL 
[T}teachers IN ALL LEVELS OF 
16 
INSTRUCTION FROM GRADE SCHOOL THROUGH COLLEGE shall enjoy 
17 
academic freedom in the discharge of their professional duties, particularly with 
18 
regard to THE CHOICE OF teaching AIDS, [and classroom methods.} METHODS, 
19 
TECHNIQUES AND TEXTBOOKS, AND OTHER REFERENCE MATERIALS. 
20 
21 
IN PARTICULAR, THE CONCEPT OF TEACHER'S ACADEMIC 
22 
FREEDOM, 
SUBJECT 
TO 
CONSTITUTIONAL 
LIMITATIONS 
AND 
23 
SAFEGUARDS, AND WITH THE GROWTH AND DEVELOPMENT OF THE 
24 
STUDENTS AS PRIORITY, SHALL CONSIST OF THE FOLLOWING RIGHTS: 
25 
26 
A. THE TEACHER'S FREEDOM IN THE EXPLANATION OF HIS 
27 
SUBJECT 
IN THE 
CLASSROOM OR IN 
SPEECHES 
AND 
28 
PUBLICATIONS AS HE MAY DEEM FIT AND APPROPRIATE 
29 
30 
B. THE TEACHER'S FREEDOM IN THE CHOICE OF SUBJECTS OF 
31 
RESEARCH AND INVESTIGATION UNDERTAKEN ON HIS OWN 
32 
INITIATIVE 
33 
34 
C. THE TEACHER'S RIGHT TO CHOOSE TEXTBOOKS AND OTHER 
35 
REFERENCE SUPPLEMENTARY INSTRUCTIONAL MATERIALS 
36 
DEEMED FIT FOR A PARTICULAR SUBJECT OR DISCIPLINE 
8 


I 
TEACHERS IN AUTONOMOUS REGIONS IN THE PHILIPPINES IN 
2 
THE EXERCISE OF ACADEMIC FREEDOM, MAY ADOPT, DEVELOP AND 
3 
IMPROVE INDIGENOUS WAYS OF LEARNING ON KNOWLEDGE, SKILLS, 
4 
CUSTOMS AND EXPERIENCE IN SO FAR AS THIS MAY PRESERVE AND 
5 
ENCOURAGE CULTURAL IDENTITY OF THE PEOPLE IN THE REGION, 
6 
PROPAGATE 
NATIONAL. CONSCIOUSNESS, 
DEVELOP 
CRITICAL 
7 
THINKING AND PROMOTE THE NATIONAL INTERESTS OF THE FILIPINO 
8 
PEOPLE. 
9 
10 
ANY SYSTEM OF EVALUATION OR SUPERVISION SHALL BE 
II 
DESIGNED 
TO 
ENCOURAGE 
AND 
ASSIST 
TEACHERS 
IN 
THE 
12 
PERFORMANCE OF THEIR PROFESSIONAL TASKS AND SHALL NOT 
13 
DIMINISH THEIR FREEDOM, INITIATIVE AND RESPONSIBILITY. 
14 
IS 
Sec. 13. WORKLOAD AND Teaching Hours. [Any teacher engaged in actual 
16 
classroom instruction shall not be required to render more than six hours of actual 
17 
classroom teaching a day, which shall be so scheduled as to give him time for the 
18 
preparation and correction of exercises and other work incidental to his normal 
19 
teaching duties: Provided, however, That where the exigencies of the service so 
20 
require, any teacher may be required to render more than six hours but not 
21 
exceeding eight hours of actual classroom teaching a day upon payment of 
22 
additional compensation at the same rate as his regular remuneration plus at least 
23 
twenty-five per cent of his basic pay.] - EXCEPT AS OTHERWISE PROVIDED 
24 
HEREIN, THE REGULAR FULL TIME LOAD OF A FACULTY MEMBER SHALL 
25 
BE TWELVE (12) HOURS PER WEEK WITH TWO HOURS PREPARATION IN 
26 
LINE WITH THE TEACHER'S MAJOR SUBJECT OR AREA OF EXPERTISE. 
27 
ANY TEACHING ASSIGNMENT IN EXCESS OF THIS NUMBER SHALL BE 
28 
PAID AN ADDITIONAL COMPENSATION AT THE SAME RATE AS HIS 
29 
REGULAR REMUNERATION PLUS AT LEAST TWENTY-FIVE (25%) OF HIS 
30 
BASIC PAY. 
31 
32 
THE TEACHING LOAD PRESCRIBED ABOVE MAY, HOWEVER, BE 
33 
REDUCED IN CASE A MEMBER OF THE FACULTY IS OCCUPIED EITHER IN 
34 
RESEARCH, 
CREATIVE 
WRITING, 
OR 
OTHER 
PRODUCTIVE 
35 
SCHOLARSHIP, OR IS ASSIGNED TO PERFORM ADMINISTRATIVE OR 
36 
COMMITTEE WORK IN WHICH CASE THE DEAN OR DIRECTOR MAY 
9 


1 
RECOMMEND 
THE 
APPROPRIATE 
TEACHING 
LOAD: 
PROVIDED, 
2 
HOWEVER, THAT THE TOTAL WORKING HOURS SPENT ON BOTH 
3 
TEACHING AND ADMINISTRATIVE OR OTHER DUTIES SHALL NOT 
4 
EXCEED FIFTEEN (15) HOURS PER WEEK. 
5 
6 
Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to 
7 
the contrary, co-curricula and [out of school] OFF CAMPUS activities and any other 
8 
activities [outside] BEYOND of what is defined as normal duties of [any] A teacher 
9 
THAT WILL MAKE HIM WORK LONGER THAN HIS REGULAR WORKLOAD 
10 
shall be paid THE REGULAR COMPENSATION FOR THE ACTUAL HOURS 
11 
WORKED PLUS an additional compensation of at least twenty-five per cent of his 
12 
regular remuneration [after the teacher has completed at least six hours of actual 
13 
classroom teaching a day.] 
14 
15 
[In the case of other teachers or school officials not engaged in actual classroom 
16 
instruction, any work performed in excess of eight hours a day shall be paid an 
17 
additional compensation of at least twenty-five per cent of their regular 
18 
remuneration.] 
19 
20 
[The] [a]Agencies utilizing the services of PUBLIC teachers shall pay the additional 
21 
compensation required under this section. Education authorities shall refuse to 
22 
allow the rendition of services of PUBLIC SCHOOL teachers for other government 
23 
agencies without the assurance that the teachers shall be paid the remuneration 
24 
provided for under this section. 
25 
26 
Sec. [19]15. SpeCial Hardship Allowances. In areas in which teachers are exposed to 
27 
hardship such as difficulty in commuting to the place of work or other hazards 
28 
peculiar to the place of employment, as determined by the Secretary of Education, 
29 
they shall be compensated special hardship allowances equivalent to at least twenty-
30 
five per cent of their monthly salary. 
31 
32 
CHAPTER II 
33 
NON-ACADEMIC PERSONNEL 
34 
35 
Sec. 16. SELECTION AND HIRING - RECRUITMENT POLICY WITH RESPECT 
36 
TO THE SELECTION AND HIRING OF NON-TEACHING PERSONNEL 
10 


1 
SHALL 
BE 
DETERMINED 
BY 
THE 
SCHOOL 
AUTHORITIES 
IN 
2 
CONSULTATION WITH REPRESENTATIVES OF THE EMPLOYEES 
3 
4 
Sec. 17. SECURITY OF TENURE -
STABILITY OF EMPLOYMENT AND 
5 
SECURITY OF TENURE SHALL BE ASSURED THE NON-TEACHING 
6 
PERSONNEL. NO PERMANENT NON-TEACHING PERSONNEL SHALL BE 
7 
TERMINATED EXCEPT FOR JUST CAUSE AS PROVIDED BY LAW AND 
8 
AFTER DUE PROCESS. IN THE CASE OF A PROBATIONARY EMPLOYEE, HIS 
9 
SERVICES MAY BE TERMINATED ONLY FOR JUST CAUSE OR WHEN HE 
10 
FAILS TO QUALIFY AS A PERMANENT NON-TEACHING EMPLOYEE IN 
11 
ACCORDANCE WITH REASONABLE STANDARDS STIPULATED IN HIS 
12 
APPOINTMENT PAPERS AND AFTER DUE PROCESS. 
13 
14 
A NON-TEACHING EMPLOYEE WHO IS UNJUSTLY DISMISSED 
15 
FROM THE SERVICE SHALL BE ENTITLED TO REINSTATEMENT WITHOUT 
16 
LOSS OF SENIORITY RIGHT AND TO BACK WAGES FROM THE TIME OF 
17 
HIS ACTUAL REINSTATEMENT. 
18 
19 
Sec. 18 WORKLOAD AND WORKING HOURS - WORKING HOURS OF NON-
20 
TEACHING PERSONNEL SHALL NOT EXCEED SEVEN (7) HOURS A DAY. 
21 
ANY EMPLOYEE WHO HAS SUFFERED OR IS REQUIRED TO WORK 
22 
BEYOND THE REGULAR WORKING HOURS SHALL BE PAID AN 
23 
ADDITIONAL COMPENSATION EQUIVALENT TO HIS REGULAR RATE 
24 
PLUS AT LEAST TWENTY-FIVE PERCENT (25%) THEREOF. 
25 
26 
Sec. 19. RANKING AND PROMOTION - SUBJECT TO THE NECESSARY 
27 
QUALIFICATIONS, NON-TEACHING PERSONNEL SHALL BE ASSURED 
28 
OPPORTUNITIES TO MOVE FROM ONE TYPE OR LEVEL OF SCHOOL TO 
29 
ANOTHER WITHIN THE EDUCATION SERVICE. IN CASE OF TRANSFER OF 
30 
A PERMANENT EMPLOYEE, HF/SHE SHALL RETAIN HISjHER PERMANENT 
31 
STATUS. 
32 
33 
Sec. 20. TRANSFER FOR TEACHING POSITION - A PERMANENT EMPLOYEE 
34 
WHO IS TRANSFERRED TO A TEACHING POSITION SHALL BE REQUIRED 
35 
TO UNDERGO A NEW PROBATIONARY APPOINTMENT. 
36 
11 


I 
Sec. 21. ADDITIONAL COMPENSATION -
NOTWITHSTANDING ANY 
2 
PROVISION OF EXISTING LAW TO THE CONTRARY, ANY ACTIVITY 
3 
BEYOND HIS OR HER REGULAR DUTIES AND WILL MAKE HIM WORK 
4 
LONGER THAN HIS REGULAR WORKLOAD SHALL BE PAID AN 
5 
ADDITIONAL COMPENSATION OF AT LEAST TWENTY-FIVE PERCENT 
6 
(25%) OF HIS REGULAR COMPENSATION. 
7 
8 
9 
CHAPTER III 
10 
EMPLOYMENT CONDITIONS AND BENEFITS 
II 
COMMON TO TEACHERS AND NON-TEACHING PERSONNEL 
12 
13 
[III. HOURS OF WORK AND REMUNERATION] 
14 
15 
Sec. [15] 22. Criteria for Salaries. Teacher's AND EMPLOYEES' salaries shall 
16 
correspond to the following criteria: 
17 
18 
19 
20 
(a) 
They shall compare favorably with those paid in other occupations 
requiring equivalent or similar qualifications, training and abilities; 
21 
(b) 
They shall be such as to insure teachers AND NON-TEACHING 
22 
23 
24 
25 
26 
27 
(c) 
PERSONNEL a reasonable standard of [life] LIVING for themselves 
and their families; and 
They shall be properly graded so as to recognize the fact that certain 
positions require higher qualifications and greater responsibility than 
others: Provided, however, That the general salary scale shall be such 
that the relation between the lowest and highest salaries paid in the 
28 
profession will be of reasonable order. Narrowing of the salary scale 
29 
shall be achieved by raising the lower end of the salary scales relative 
30 
to the upper end [.] 
31 
(D) 
THEY SHALL MOTIVATE TEACHERS TO ACCELERATE THE 
32 
33 
34 
35 
36 
IMPROVEMENT OF THEIR PEDAGOGIC QUALIFICATIONS, 
AND NON-TEACHING PERSONNEL TO INCREASE THEIR 
KNOWLEDGE 
AND 
COMPETENCIES 
NECESSARY 
FOR 
EFFICIENT AND EFFECTIVE SERVICE; 
12 


1 
(E) 
SALARIES OF PRIVATE SCHOOL TEACHERS AND NON-
2 
TEACHING PERSONNEL SHALL COMPARE FAVORABLY WITH 
3 
THOSE OF PUBLIC SCHOOL AND STATE UNIVERSITY AND 
4 
COLLEGE TEACHERS AND EMPLOYEES 
5 
6 
Sec. 23. SALARIES PAID ON MONTHLY BASIS - THE PROVISION OF ANY 
7 
EXISTING LAW TO THE CONTRARY NOTWITHSTANDING, SALARIES OF 
8 
TEACHERS AND NON-TEACHING PERSONNEL SHALL BE PAID ON 
9 
MONTHLY BASIS FOR A PERIOD OF TWELVE (12) MONTHS REGARDLESS 
10 
OF SEMESTRAL OR SUMMER VACATIONS. FOR THIS PURPOSE, 
11 
MONTHLY BASIS SHALL MEAN THAT TEACHERS AND NON-TEACHING 
12 
PERSONNEL SHALL BE CONSIDERED PAID FOR ALL THE DAYS OF THE 
13 
MONTH INCLUDING REST DAYS AND HOLIDAYS. 
14 
15 
TEACHERS WHO ARE REQUIRED TO WORK DURING SEMESTRAL 
16 
OR 
SUMMER 
VACATIONS 
SHALL 
BE 
PAID 
AN 
ADDITIONAL 
17 
COMPENSATION ON A PRO RATA BASIS 
18 
19 
Sec. [16) 24. ANNUAL Salary Scale REVIEW AND ADJUSTMENT. Salary [scales1 
20 
of teachers shall BE INCREASED ANNUALLY; PROVIDED, THAT THE 
21 
AMOUNT OF INCREASE SHALL BE THAT AMOUNT RECOMMENDED BY 
22 
THE DEPARTMENT OF EDUCATION, IN COORDINATION WITH THE 
23 
DEPARTMENT OF BUDGET AND MANAGEMENT, AFTER CONDUCTING A 
24 
REVIEW OF THE SALARY SCALES OF TEACHERS, FOR THE PURPOSE OF 
25 
MITIGATING THE EFFECTS OF INFLATION [provide for gradual progression 
26 
from a minimum to a maximum salary by means of regular increments, granted 
27 
automatically after three years1: Provided, FURTHER, That the efficiency rating of 
28 
the teacher concerned is at least satisfactory. [The progression from the minimum to 
29 
the maximum of the salary scale shall not extend over a period of ten years.] 
30 
Sec. [211 25. Deductions Prohibited. No person shall make any deduction 
31 
whatsoever from the salaries of teachers AND EMPLOYEES except under specific 
32 
authority of law [authorizing such deductions: Provided,however, That upon written 
33 
authority executed by the teacher concerned, (1) lawful dues and fees owing to the 
34 
Philippine Public School Teachers Association, and (2) premiums properly due on 
35 
insurance policies, shall be considered deductible.] OR BY THE WRITTEN 
36 
AUTHORITY OF TEACHER OR EMPLOYEE CONCERNED. 
13 


1 
[Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are 
2 
appropriated by a city, municipal, municipal district, or provincial government, 
3 
shall not be less than those provided for teachers of the National Government.] 
4 
5 
[Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep 
6 
pace with the rise in the cost of living by the payment of a cost-of-living allowance, 
7 
which shall automatically follow changes in a cost-of-living index. The Secretary of 
8 
Education shall, in consultation with the proper government entities, recommend to 
9 
Congress, at least annually, the appropriation of the necessary funds for the cost-oi-
10 
living allowances of teachers employed by the National Government. The 
11 
determination of the cost-of-living allowances by the Secretary of Education shall, 
12 
upon approval of the President of the Philippines, be binding on the city, municipal 
13 
or provincial government, for the purposes of calculating the cost-of-living 
14 
allowances of teachers under its employ.] 
15 
16 
[Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in 
17 
legal tender of the Philippines or its equivalent in checks or treasury warrants. 
18 
Provided, however, That such checks or treasury warrants shall be cashable in any 
19 
national, provincial, city or municipal treasurer's office or any banking institutions 
20 
operating under the laws of the Republic of the Philippines.] 
21 
22 
Sec. 26. SICK LEAVE - FULL TIME TEACHERS IN THE ELEMENTARY AND 
23 
SECONDARY SCHOOLS SHALL BE ENTITLED TO AN ANNUAL SICK LEAVE 
24 
WITH PAY OF FIFTEEN (15) WORKING DAYS. PART-TIME TEACHERS IN 
25 
THE ELEMENTARY AND SECONDARY SCHOOLS SHALL BE ENTITLED TO 
26 
SICK LEAVE WITH PAY ON PRO-RATA BASIS. 
27 
28 
FACULTY MEMBERS IN THE COLLEGIATE LEVEL, WHETHER FULL-
29 
TIME OR PART-TIME, SHALL ENJOY SICK LEAVE WITH PAY OF FIFTEEN 
30 
(15) WORKING DAYS. 
31 
32 
UNUSED SICK LEAVES SHALL BE ACCUMULATED TO NOT MORE 
33 
THAN SIXTY (60) DAYS AND THE SAME SHALL BE CONVERTED TO CASH 
34 
UPON RESIGNATION OR RETIREMENT OF THE TEACHER OR EMPLOYEE 
35 
CONCERNED. 
36 
14 


1 
Sec. [25] 27. Indefinite SICK Leave. An indefinite sick leave [of absence] WITHOUT 
2 
PAY shall be granted to teachers AND EMPLOYEES when the nature of the illness 
3 
demands a long treatment that will exceed one year [at the least] BUT NOT MORE 
4 
THAN THREE YEARS; PROVIDED, HOWEVER, THAT A TEACHER OR 
5 
EMPLOYEE CONCERNED SHALL BE ALLOWED TWO (2) MONTHS LEAVE 
6 
WITH PAY IN CASE OF MAJOR OPERATION. 
7 
8 
Sec. 28. VACATION LEAVE - FULL TIME TEACHERS AND EMPLOYEES 
9 
SHALL BE ENTITLED TO AN ANNUAL VACATION LEAVE WITH FULL PAY 
10 
OF FIFTEEN (15) DAYS. 
11 
12 
Sec. 29. MATERNITYjPATERNITY LEAVE - A FEMALE FACULTY MEMBER 
13 
OR EMPLOYEE SHALL BE ENTITLED TO MATERNITY LEAVE OF SIXTY (60) 
14 
DAYS WITH FULL PAY TO TAKE EFFECT TWO WEEKS PRIOR TO THE 
15 
EXPECTED DATE OF DELIVERY AS CERTIFIED BY HER ATTENDING 
16 
PHYSICIAN. 
17 
18 
PATERNITY LEAVE OF MALE FACULTY MEMBERS SHALL BE 
19 
GOVERNED BY REPUBLIC ACT NO. 8187 OR THE PATERNITY LEAVE LAW. 
20 
21 
THE BENEFITS GRANTED UNDER THIS SECTION SHALL BE PAID TO 
22 
THE TEACHER OR EMPLOYEE CONCERNED AND/OR HER SPOUSE 
23 
DURING THE PERIOD OF ENTITLEMENT. 
24 
25 
Sec. 30. EMERGENCY LEAVE - IN CASE OF CALAMITIES WHERE THE 
26 
FACULTY MEMBER OR EMPLOYEE BECOMES A VICTIM, OR IN THE EVENT 
27 
OF DEATH IN HIS IMMEDIATE FAMILY OR ANY SERIOUS ACCIDENT 
28 
,BEFALLING HIM OR HIS DEPENDENTS, HE SHALL BE ENTITLED TO AN 
29 
EMERGENCY LEAVE WITH PAY OF NOT EXCEEDING FIVE (5) DAYS PER 
30 
YEAR. 
31 
32 
33 
[IV. HEALTH MEASURES AND INJURY BENEFITS] 
34 
Sec. [22] 31. Medical Examination and Treatment. Compulsory medical examination 
35 
shall be provided free of charge for all teachers AND EMPLOYEES before [they 
36 
take up teaching, and shall be repeated not less than once a year during the teacher's 
15 


professional life.J THEIR EMPLOYMENT AND ANNUALLY THEREAFTER. 
2 
Where medical examination show that medical treatment and/ or hospitalization is 
3 
necessary FOR INFECTIOUS DISEASES OR INJURIES SUFFERED NOT ONLY 
4 
DURING TEACHING OR ON-CAMPUS ACTIVITIES BUT ALSO WHEN HE 
5 
ENGAGED IN SCHOOL RELATED ACTIVITIES AWAY FROM THE SCHOOL 
6 
PREMISES OR OFF CAMPUS, same shall be provided free by the government 
7 
entity paying the salary of the teachers OR THE PRIVATE SCHOOL EMPLOYER. 
8 
9 
In regions where there is scarcity of medical facilities, teachers AND NON-
10 
TEACHING PERSONNEL may obtain elsewhere the necessary medical care with 
11 
the right to be reimbursed for their traveling expenses by the government entity 
12 
[concerned in the first paragraph of this Section.J OR THE PRIVATE SCHOOL 
13 
MANAGEMENT CONCERNED. 
14 
15 
Sec. [23] 32. Compensation For Injuries. Teachers AND EMPLOYEES shall be 
16 
protected against the consequences of employment injuries in accordance with 
17 
existing laws. The effects of the physical and nervous strain on the teachers'[s] AND 
18 
EMPLOYEES' health shall be recognized as a compensable occupational disease in 
19 
accordance with existing laws. 
20 
21 
Sec. [26] 33. [Salary Increase upon] Retirement. [Public school] [t]Teachers AND 
22 
NON-TEACHING PERSONNEL WHO havE[ing] fulfilled the age and service 
23 
requirements of the applicable retirement laws shall be [given] GRANTED one 
24 
range salary raise upon retirement, which shall be the basis of the computation of 
25 
the lump sum of the retirement pay and the [monthly] CORRESPONDING benefits 
26 
thereafter; PROVIDED, HOWEVER, THAT THE RETIREMENT BENEFIT SHALL 
27 
NOT BE LESS THAN ONE MONTH SALARY FOR EVERY YEAR OF SERVICE. 
28 
Sec. 34. GRATUITY BENEFIT -
THE TEACHERS AND NON-TEACHING 
29 
PERSONNEL WHO CHOOSE TO RETIRE BEFORE REACHING THE 
30 
COMPULSORY RETIREMENT AGE OF 60 AND HAVE RENDERED NOT LESS 
31 
THAN TWO (2) YEARS SERVICE SHALL BE GRANTED GRATUITY BENEFIT 
32 
EQUIVALENT TO ONE MONTH PAY FOR EVERY YEAR OF SERVICE, 
33 
CONFORMABLY TO THE PROVISION OF THE IMMEDIATELY PRECEDING 
34 
SECTION, THE COMPUTATION OF HIS GRATUITY BENEFIT SHALL BE 
35 
BASED ON THE SALARY SCALE OF ONE STEP HIGHER THAN HIS 
36 
POSITION AT THE TIME HE OPTED FOR OPTIONAL RETIREMENT. 
16 


1 
Sec. 35. FACULTY PERSONNEL DEVELOPMENT PROGRAM -
EVERY 
2 
SCHOOL SHALL UNDERTAKE A FACULTYjPERSONNEL DEVELOPMENT 
3 
PROGRAM. 
4 
5 
THE SCHOOL MANAGEMENT SHALL GRANT FELLOWSHIPS ON 
6 
THE BASIS OF OPEN COMPETITION. IT SHALL ENCOURAGE FACULTY 
7 
MEMBERS AND QUALIFIED NON-TEACHING PERSONNEL TO CONDUCT 
8 
RESEARCH WORK, PARTICIPATE IN SKILLS 
DEVELOPMENT AND 
9 
KNOWLEDGE ENHANCING SEMINARS AND FORA, AND WHEN FEASIBLE, 
10 
FINANCIAL SUPPORT SHALL BE EXTENDED TO THEM ON THE BASIS OF 
11 
MERIT. 
12 
13 
[V. LEAVE AND RETIREMENT BENEFITS] 
14 
15 
Sec. [24]36. ACADEMIC AND FACULTY DEVELOPMENT. (A) Study Leave. - [In 
16 
addition to the leave privileges now enjoyed by teachers in the public schools, they] 
17 
TEACHERS AND NON-TEACHING EMPLOYEES shall be entitled to study leave 
18 
not exceeding one school year after seven years of service. Such leave shall be 
19 
granted in accordance with a schedule set by the Department of Education 
20 
[CULTURE AND SPORTS]. During the period of such leave, the teachers AND 
21 
EMPLOYEES CONCERNED shall be entitled to [at least sixty] ONE HUNDRED 
22 
per cent of their monthly salary: Provided, however, That no teacher OR EMPLOYEE 
23 
CONCERNED shall be allowed to accumulate more than one year study leave, 
24 
unless he needs an additional semester to finish his thesis for a graduate study in 
25 
education or allied courses: Provided, further, That no compensation shall be due the 
26 
teacher OR EMPLOYEE CONCERNED after the first year of such leave. In all cases, 
27 
the study leave period shall be [counted] CONSIDERED for seniority and pension 
28 
purposes. 
29 
30 
The compensation allowed for one year study leave as herein provided shall 
31 
be subject to the condition that the teacher OR EMPLOYEE takes the regular study 
32 
load and passes at least seventy-five per cent of his courses. Study leave of more 
33 
than one year may be permitted by the Secretary of Education but SHALL NOT BE 
34 
SUBJECT TO ANY [without] compensation UNLESS OTHERWISE AGREED 
35 
UPON BY THE PARTIES. 
36 
17 


1 
(B) STUDY GRANT AND FELLOWSHIP -
STUDY GRANTS AND 
2 
FELLOWSHIPS MAY BE GRANTED ON A FULL OR PARTIAL BASIS 
3 
ADMINISTERED SYSTEM-WIDE OR BY COLLEGES AND UNIVERSITIES. 
4 
THE GRANTEE SHALL BE ENTITLED TO SUBSIDY FOR MATRICULATION 
5 
AND OTHER SCHOOL FEES, STIPEND, BOOKS AND OTHER ALLOWANCES. 
6 
7 
BOOK THREE 
8 
RESPONSIBILITIES AND ADMINISTRATIVE SANCTIONS 
9 
10 
Sec. [7] 37. Code of Professional Conduct for Teachers. Within six months from the 
11 
approval of this Act, the Secretary of Education, IN CONSULTATION WITH THE 
12 
NATIONAL TEACHERS' ORGANIZATIONS shall formulate and prepare a Code 
13 
of Professional Conduct for [Public School) Teachers. A copy of the Code shall be 
14 
furnished each teacher: Provided, however, That where this is not possible by reason 
15 
of inadequate fiscal resources of the Department of Education, at least three copies 
16 
of the same Code shall be deposited with the office of the school principal, [or) head 
17 
teacher OR COLLEGE DEAN where they may be accessible for use by the teachers. 
18 
19 
Sec. 38. DUTIES AND OBLIGATIONS OF NON-TEACHING PERSONNEL -
20 
THE SCHOOL ADMINISTRATION SHALL SEE TO IT THAT DUTIES AND 
21 
OBLIGATIONS OF NON-TEACHING PERSONNEL ARE SPECIFICALLY 
22 
DEFINED IN THEIR APPOINTMENT PAPERS. NO EMPLOYEE SHALL BE 
23 
HELD 
RESPONSIBLE 
FOR 
NON-PERFORMANCE 
OF 
DUTIES 
AND 
24 
OBLIGATIONS NOT CONTAINED IN THEIR APPOINTMENT. 
25 
26 
Sec. 39. FACULTYjPERSONNEL MANUAL -
A FACULTYjPERSONNEL 
27 
MANUAL SHALL BE CREATED BY THE SCHOOL ADMINISTRATION WITH 
28 
PRIOR CONSULTATION AND ACTIVE PARTICIPATION TEACHERS AND 
29 
EMPLOYEES' ORGANIZATIONS. SUCH MANUAL SHALL BE SUBMITTED 
30 
FOR APPROVAL OF THE FACULTY AND PERSONNEL PRIOR TO ITS 
31 
IMPLEMENTATION. SUCH MANUAL SHALL CONTAIN INFORMATION 
32 
AND POLICIES ON ALL MATTERS PERTAINING TO THE FACULTY AND 
33 
NON-TEACHING PERSONNEL, A COPY OF WHICH SHALL BE FURNISHED 
34 
FREE TO ALL FACULTY MEMBERS AND EMPLOYEES. 
35 
18 


1 
CHAPTER II 
2 
ADMINISTRATIVE SANCTIONS 
3 
4 
Sec. [8] 40. Safeguards in Disciplinary Procedure. Every teacher OR EMPLOYEE 
5 
shall enjoy equitable safeguards at each stage of any disciplinary procedure and 
6 
shall have: 
7 
8 
9 
10 
11 
12 
13 
14 
15 
a. 
b. 
c. 
d. 
The right to be informed, in writing, of the charges AGAINST HIM; 
The right to CONFRONT WITNESSES AGAINST HIM AND TO full 
access to the evidence in the case; 
The right to defend himself and to be defended by a representative of 
his choice and! or by his organization, adequate time being given to 
the teacher OR EMPLOYEE for the preparation of his defense; and 
The right to appeal to clearly designated authorities. 
16 
No publicity shall be given to any disciplinary action being taken against a 
17 
teacher OR EMPLOYEE during the pendency of his case, WITHOUT HIS 
18 
CONSENT. 
19 
20 
TEACHERS' 
AND 
EMPLOYEES' 
ORGANIZATIONS 
SHALL 
BE 
21 
CONSULTED WHEN THE MACHINERY TO DEAL WITH DISCIPLINARY 
22 
MATTERS IS ESTABLISHED. SUCH MATTERS SHALL BE CONTAINED IN 
23 
THE FACULTY OR PERSONNEL MANUAL AS PROVIDED FOR UNDER 44 OF 
24 
THIS ACT. 
25 
26 
Sec. [9] 41. Administrative Charges. Administrative charges against a teacher shall 
27 
be heard initially by a committee composed of the corresponding School 
28 
Superintendent of the Division or a duly authorized representative who should at 
29 
least have the rank of a division supervisor, where the teacher belongs, as chairman, 
30 
a representative of the local or, in its absence, any existing provincial or national 
31 
teacher's organization and a supervisor of the Division, the last two to be designated 
32 
by the Director of Public Schools. The committee shall submit its findings and 
33 
recommendations to the Director of Public Schools within thirty days from the 
34 
termination of the hearings: Provided, however, That where the school superintendent 
35 
is the complainant or an interested party, all the members of the committee shall be 
36 
appointed by the Secretary of Education. 
19 


1 
TEACHERS' AND EMPLOYEES' ORGANIZATIONS SHALL HAVE A 
2 
REPRESENTATIVE IN ANY COMMITTEE OR BODY THAT SHALL HEAR 
3 
ADMINISTRATIVE CHARGES AGAINST A TEACHER OR EMPLOYEE. 
4 
5 
[Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all 
6 
steps to enable married couples, both of whom are public school teachers, to be 
7 
employed in the same locality.] 
8 
9 
BOOK FOUR 
10 
MISCELLANEOUS PROVISIONS 
11 
12 
13 
14 
CHAPTER 1 
SELF-ORGANIZATION AND OTHER RIGHTS 
15 
Sec. [27] 42. [Freedom] RIGHT to SELF-Organize. Public school teachers shall have 
16 
the right to freely and without previous authorization both to establish and to join 
17 
organizations of their choosing, whether local or national to further and defend their 
18 
interests. 
19 
20 
[Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance 
21 
to the teaching profession, or during its exercise, or in the termination of services, 
22 
based on other than professional consideration.} 
23 
24 
Sec. [28] 43. Discrimination Against Teachers AND EMPLOYEES Prohibited. The 
25 
right[s] established in the immediately preceding Section shall be exercised without 
26 
any interference or coercion. It shall be unlawful for any person to commit any acts 
27 
of discrimination against teachers AND EMPLOYEES which are calculated to (a) 
28 
make the employment of a teacher OR EMPLOYEE subject to the condition that he 
29 
shall not join an organization, or shall relinquish membership in an organization, (b) 
30 
[to] cause the dismissal of or otherwise prejudice a teacher OR EMPLOYEE by 
31 
reason of his membership in an organization or because of participation in 
32 
organization activities outside school hours, or with the consent of the proper school 
33 
authorities, within school hours, and (c) to prevent him from carrying out the duties 
34 
laid upon him by his position in the organization, or to penalize him for an action 
35 
undertaken in that capacity. 
36 
20 


1 
Sec. 44. PARTICIPATION IN POLICY-MAKING PROCESS - TEACHERS' AND 
2 
EMPLOYEES' ORGANIZATIONS IN STATE UNIVERSITIES AND COLLEGES 
3 
AS WELL AS EDUCATIONAL FOUNDATIONS AND NON-STOCK, NON-
4 
PROFIT SCHOOLS SHALL HA VB THE RIGHT TO BE REPRESENTED IN THE 
5 
BOARD OF TRUSTEESjREGENTS OF SAID SCHOOLS, COLLEGES AND 
6 
UNIVERSITIES. 
7 
8 
[VI. TEACHER'S ORGANIZATION] 
9 
10 
[Sec. 29. National Teacher's Organizations.] National teachers' AND EMPLOYEES' 
11 
organizations shall [be consulted] ACTIVELY P ARTICIP ATE in the formulation of 
12 
national educational policies and professional standards, [and in the formulation] of 
13 
national policies governing the social security of the teachers. 
14 
15 
NATIONAL TEACHERS' AND EMPLOYEES' ORGANIZATIONS SHALL 
16 
HAVE THE RIGHT TO NEGOTIATE FREELY AND DIRECTLY WITH 
17 
NATIONAL PRIVATE SCHOOL-OWNERS' ORGANIZATIONS AND/OR 
18 
THROUGH 
A 
LABOR 
ADVISORY 
CONSULTATIVE 
COUNCIL 
FOR 
19 
TEACHERS AND EMPLOYEES. 
20 
21 
Sec. 45. STRIKE, PICKETING AND OTHER CONCERTED ACTIVITIES. - THE 
22 
RIGHT OF TEACHERS' AND EMPLOYEES' ORGANIZATIONS TO STRIKE 
23 
AND OTHER CONCERTED ACTIVITIES SHALL CONTINUE TO BE 
24 
RECOGNIZED AND UPHELD. 
25 
26 
CHAPTER II 
27 
[VII. ADMINISTRATION AND ENFORCEMENT] 
28 
29 
Sec. [30] 46. IMPLEMENTING Rules and Regulations. The Secretary of Education 
30 
shall formulate and prepare, IN CONSULTATION WITH NATIONAL 
31 
TEACHERS' AND EMPLOYEES' ORGANIZATIONS the necessary rules and 
32 
regulations to implement the provisions of this Act. [Rules and regulations issued 
33 
pursuant to this Section shall take effect thirty days after publication in a newspaper 
34 
of general circulation and by such other means as the Secretary of Education deems 
35 
reasonably sufficient to give interested parties general notice of such issuance.] 
36 
21 


1 
Sec. 47. OUTRIGHT CLOSURE OF SCHOOLS PROHIBITED. - EDUCATION 
2 
BEING VESTED WITH PUBLIC INTEREST, NO SCHOOL MANAGEMENT 
3 
SHALL BE ALLOWED TO CEASE FROM ITS OPERATIONS EXCEPT UPON 
4 
VALID AND JUST GROUNDS AS MAY BE DETERMINED BY THE 
5 
DEPARTMENT OF EDUCATION. 
6 
7 
IN CASE OF VALID CLOSURE, THE SAME SHALL BE EFFECTED 
8 
THROUGH 
PROGRAMMED 
PHASE 
OUT, 
DURING WHICH 
TIME, 
9 
DETERMINATION SHALL BE MADE ON WHETHER OR NOT OPERATIONS 
10 
OF THE 
SCHOOLS 
MAY 
BE 
SUCCESSFULLY 
RESTORED 
OR BE 
11 
PERMANENTLY CLOSED. 
12 
13 
Sec. 
48. 
LAY-OFFS 
OR 
RETRENCHMENTS 
NO 
LAY-OFF 
OR 
14 
RETRENCHMENT SHALL BE EFFECTED BY ANY SCHOOL MANAGEMENT 
15 
UNLESS THE SAME IS FOUND VALID AND JUSTIFIED AFTER A 
16 
THOROUGH REVIEW AND ANALYSIS OF ITS FINANCIAL STATUS TO BE 
17 
JOINTLY UNDERTAKEN BY THE SCHOOL MANAGEMENT AND THE 
18 
TEACHERS' AND EMPLOYEES' ORGANIZATIONS CONCERNED. 
19 
20 
CHAPTER III 
21 
PENAL AND FINAL PROVISIONS 
22 
23 
[Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress 
24 
annually the necessary budgetary estimates to implement the provisions of the Act 
25 
concerning the benefits herein granted to public school teachers under the employ of 
26 
the National Government.) 
27 
28 
Sec. {32) 49. Penal Provision. ANY [A) person who shall willfully interfere with, 
29 
restrain or coerce any teacher OR EMPLOYEE in the exercise of his rights 
30 
guaranteed by this Act or who shall in any other manner commit any act to defeat 
31 
any [of the) provisions of this Act shall, upon conviction, be punished by a fine of 
32 
not less than [one hundred) FIFTY THOUSAND pesos nor more than one 
33 
HUNDRED thousand pesos, or by imprisonment FOR NOT LESS THAN ONE 
34 
YEAR AND ONE DAY NOR MORE THAN FIVE YEARS, OR BOTH SUCH FINE 
35 
AND IMPRISONMENT AT [in) the discretion of the court. 
36 
22 


1 
If the offender is AN EDUCATIONAL INSTITUTION, OR ANY 
2 
JURIDICAL PERSON, THE PENALTY SHALL BE IMPOSED UPON THE 
3 
PRESIDENT, TREASURER, SECRETARY OR ANY RESPONSIBLE OFFICER OF 
4 
SAID INSTITUTION. IF THE OFFENDER IS a public [official1 OFFICER OR 
5 
EMPLOYEE, 
the 
court 
shall, 
IN 
ADDITION 
TO 
THE 
PENALTIES 
6 
HEREINABOVE PROVIDED, order his dismissal from the Government service. 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
Sec. 50. TEACHING OF MAGNA CARTA - THE TEACHING OF THIS ACT 
SHALL BE MADE COMPULSORY IN ALL SCHOOLS OFFERING COURSES IN 
EDUCATION. 
Sec. 
51. 
APPROPRIATIONS 
INITIAL 
EXPENDITURE 
FOR 
THE 
IMPLEMENTATION OF THIS MAGNA CARTA SHALL BE SOURCED FROM 
SAVINGS IN THE BUDGET OF THE DEPARTMENT OF EDUCATION. 
THEREAFTER, 
SUCH 
SUM 
NECESSARY 
FOR 
ITS 
CONTINUED 
IMPLEMENTATION 
SHALL 
BE 
INCLUDED 
IN 
THE 
GENERAL 
APPROPRIATIONS ACT. 
19 
Sec. [33] 52. Repealing Gause. All Acts or parts of Acts, executive orders and their 
20 
implementing rules inconsistent with the provisions of this Act are hereby repealed, 
21 
amended or modified accordingly. 
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Sec. [34] 53. Separability Gause. If any provision of this Act is declared invalid, the 
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remainder of this Act or any other provision not affected thereby shall remain in 
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force and in effect. 
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Sec. 54. EFFECTIVITY -
THIS ACT SHALL TAKE EFFECT UPON ITS 
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APPROVAL. 
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30 
Approved, 
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