Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘TWENTIETH CONGRESS
First Regular Session

House BILL No. 2904

Introduced by Representative LEILA M. DE LIMA

AN ACT
INSTITUTING THE MAGNA CARTA FOR DAY CARE WORKERS
AND PROVIDING FUNDS THEREFOR

EXPLANATORY NOTE

Article II, Section 13 of the 1987 Constitution declares that ‘[t}he State
recognizes the vital role of the youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social well-being,”

Article XV, Section 3 (2) mandates the State 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.

Guided by the dictates of the Constitution, Congress legislated Republic Act
(RA) No. 6972, also known as the “Barangay-level Total Development and Protection
of Children Act", which establishes a day care center in every barangay to provide a
total development and protection program for children up to six (6) years old

Likewise, RA 8980 or the “Early Childhood Care and Development (ECCD)
Act’, institutionalizes a comprehensive, integrative and sustainable National System
for ECCD that involves a multi-sectoral and inter-agency collaboration at the national
and local levels among government, service providers, families and communities,
private sectors, nongovernment organizations (NGOs), professional associations, and
academic institutions.

Moreover, RA 10410 or the “Early Years Act of 2013", further strengthened the
government's program for children, recognizing ages zero (0) to eight (8) as the most
formative and crucial stage of educational development and giving the ECCD Council
the mandate to develop programs for those aged zero (0) to four (4) and the
Department of Education (DepEd) for those from age five (5) to eight (8).


Despite these legislations, according to a study of the Philippine Institute for
Development Studies (PIDS), only 20% of children aged 3 to 4 were enrolled in pre-
kindergarten in 2022, and merely 23% are benefitting from feeding programs. The
country also faces a supply side shortfall of around 33,000 day care centers, far below
the estimated 96,000 needed, and three times lacking of the current stock of child
development workers.*

To address these alarming gaps, RA 12199 or the “Early Childhood Care and
Development (ECCD) System Act’ was enacted repealing RA 10410. This law aims
to close long-standing gaps in care, nutrition, and education for children from birth to
age five?

Day care workers, who exercise special parental authority over our children,
play a crucial role in their personal growth and academic development. The
government should empower them to effectively fulfil their crucial role in molding our
children.

But unfortunately, for many years, the economic well-being and professional
development of day care workers have been neglected.

According to a survey by the United Nations Children’s Fund and the ECCD
Council released in 2024, only 22% of child development workers had permanent
posts and lacked job security. The average salary for non-permanent child
development workers was around P5,000, but informal surveys by UNICEF revealed
that in disadvantaged areas, some day care workers received an honorarium of as low
as P1,000 a month.? The compensation system for day care workers varies widely
across local governments, and more legislative support is needed to establish
minimum salaries and other non-wage benefits.*

Day care workers need commensurate compensation with respect to their
workload and expertise, and opportunities for career development. This bill enacts a
Magna Carta for Day Care Workers, securing their tenure, and providing the
compensation and benefits that they justly deserve. It creates a Special Personnel
Selection Board to ensure that the right people are in our day care centers and
mandates the formulation of a Code of Conduct to guide these workers.

The passage of this measure is long overdue. This proposed legislation was
filed as early as the 10” Congress and refiled by several lawmakers. The House of

+ Philippine Institute for Development Studies. (25 May 2025). PIDS research propels law revamping
early childhood care and development. Retrieved from https:/www.pids.gov.ph/details/news/press-
releases/pids-research-propels-law-revamping-early-childhood-care-and-development.
2 Ibid.
3 UNICEF. (24 January 2024). Investing in day care workers is an investment in the future. Retrieved
from https:/www.unicef.org/philippines/press-releases/investing-day-care-workers-investment-future-
unicef.
“ Ulep, Valerie Gilbert, et al. (May 2024). Behind the Slow Start: An Assessment of Early Childhood
Care and Development in the Philippines. Philippine Institute for Development Studies. Retrieved
from https://pidswebs.pids.gov.ph/CDN/documentipidsdps2404.pdf.

2


Representatives approved versions of this bill on 3" and final reading during the 16"
and 17" Congresses, but were not passed into a law. As a former Senator, this
Representation also filed the same measure during the 18" Congress.

With millions of our children dependent on day care workers, it is high time for
the government to recognize their important role in society and grant them as much
‘support as possible to ensure that they are cared for the way they care for the young,

Clearly, “investing in day care workers is an investment in the future.”>

In view of the foregoing, the passage of this bill is eamestly requested.

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® UNICEF. (24 January 2024)


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House BILL No.2904

Introduced by Representative LEILA M. DE LIMA

AN ACT
INSTITUTING THE MAGNA CARTA FOR DAY CARE WORKERS
AND PROVIDING FUNDS THEREFOR

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. — 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. 12199, otherwise known as the "Early
Childhood Care and Development System Act’, 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 five
(6) 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 II plantilla positions
shall be created in all day care centers nationwide. As plantilla 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 shail be removed
or transferred from office without just cause, due process, or prior consultation with
the concerned day care worker.

SEC. 5. Creation of Special Personnel Selection Board. — A Special Personnel
Selection Board (SPSB) for day care worker positions shall be created to screen

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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 (LSWDO) as chairperson, and the Punong Barangay, local health
officer, human resource management officer, and local government unit (LGU) first
level employees’ representative as members.

SEC. 6. Recruitment and Selection. — 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.

The local chief executive, as the appointing authority, shall exercise sound
discretion in appointing, from the SPSB-recommended pool pursuant to Section 5 of
this Act, a day care worker in a particular day care center. Under no circumstances
shall an applicant be discriminated against on the basis of gender, religion, age, status,
face, or political affiliation.

SEC. 7. Qualifications, Positions and Salary Grade. — A day care worker
possessing the following qualifications shall be hired to the position of:

a. Day Care Worker |, with Salary Grade 6, must possess the following
qualifications:

1. Must be of legal age;
2. Must have completed at least two (2) years of college education;

3. Must be certified by the Department of Social Welfare and Development
(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 of Children Against Abuse, Exploitation and
Discrimination Act’ and other similar laws protecting children.

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 and do not
possess any of the above-stated disqualifications, shall continue to serve as such and
are qualified to be covered under this Act; Provided, That their retention had been
recommended by their direct supervisor.


Day care workers who have no college education upon the effectivity of this Act
shall be given two (2) years within which to complete equivalent training to be able to
continue in the service, in accordance with Section 12 of this Act. The necessary
training courses shall be prescribed by the DSWD.

b. Day Care Worker Il, with Salary Grade 8, must possess the same
qualifications mentioned in paragraph (a) of this section including five (5) years of work
experience and at least twelve (12) hours of relevant training

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

SEC. 8. Working Hours. - A day care worker is required to render eight (8)
working hours a day or a total of forty (40) hours a week; Provided, that the LSWDO
may require day care workers to render services beyond their required working hours
during emergency situations such as natural and man-made calamities. Provided
further, that working hours during emergency situations should be conducted in child-
friendly spaces.

SEC. 9. Code of Conduct of Child Day Care Workers. — Within six (6) months
from the approval of this Act, the Early Childhood Care and Development Council
(ECCDC), in consultation with a national organization of day care workers, shall
formulate a Code of Conduct for Day Care Workers in line with the CSC rules and
regulations and adhering to the principles of the United Nation Convention on the
Rights of the Child.

Each day care worker shall be provided with a copy of the Code at the expense
of the government.

‘SEC. 10. Additional Compensation and Allowances. — Day care workers shall
be provided with the following additional compensation, whenever applicable:

a. Overtime Pay - for services rendered beyond the required working hours
as prescribed in Section 8 hereof;

b. Hazard Allowance - day care workers in rural and urban areas, exposed
to situations, conditions, or factors in the work environment or place where foreseeable
but unavoidable danger or risks exist which adversely endanger their health or life
and/or increase the risk of producing adverse effects on their person in the exercise
of their duties, to be validated by the proper authorities, shall be entitled to hazard
allowance in an amount to be determined by the LSWDO of the local government unit
concerned;

c. Subsistence Allowance - day care workers who render service within the
premises of an isolated day care centers shall be entitled to subsistence allowance
equivalent to the meals they take in the course of their duty, which shalll be computed
in accordance with prevailing circumstances as determined by the local government
unit concemed.

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SEC. 11. Right to Self-Organization. — Day care workers shall have the right to
freely form, join or assist organizations in order to defend and protect their mutual
interests and to obtain redress of their grievances.

SEC. 12. 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. Free Legal Services - Legal representation and consultation services for day
care workers shall be immediately provided by the Public Attomey's Office in civil and
criminal cases filed by or against day care workers arising out of or in connection with
the performance of their duties as such;

c. Free Medical Examination and Treatment - 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 without cost in
government hospitals;

d. 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.

e. Other benefits - All day care workers shall automatically become members
of the Goverment Service Insurance System (GSIS), Pag-IBIG, and PhilHealth,
subject to the premium payments by both employer and employee, and shall be
entitled to maternity/paterity, sick, and vacation leaves as provided for by existing
laws.

SEC. 13. Training, Education and Skills Enhancement. - The ECCDC, in
coordination with the DSWD, DepEd, Commission on Higher Education (CHED) and
the Technical Education and Skills Development Authority (TESDA), shall provide for
a system of continuing education, skills training, and knowledge enhancement
programs for day care workers.

The DepEd, CHED and TESDA shall adopt an equivalency system of education
that shall recognize and duly credit the actual work experiences and prior learning of
day care workers as formal or academic training units.

SEC. 14. Support from Non-govemment Organizations (NGOs), Private
Volunteer Organizations and Other Private Institutions. - Non-government
organizations or private volunteer organizations, and other private institutions shall be
encouraged to assist or support the government in the implementation of programs
and projects for day care workers. Pursuant thereto, all day care centers may accept
such assistance or support from NGOs.


SEC. 15. Appropriations. — The amount necessary to cover the salaries and
benefits of day care workers shall be charged from the intemal Revenue Allotment
(IRA) and Special Education Fund (SEF) of LGUs concemed; Provided, That the
national goverment shall provide subsidy for at least one (1) day care worker per
center in the fourth, fifth, and sixth class municipalities. Additional funds generated
from donations, fees, and contributions collected by the ECCDC from whatever source
shall be set aside for the purpose.

SEC. 16. Implementing Rules and Regulations. — Within six (6) months from
the approval of this Act, ECCDC, in consultation with the DSWD, Department of the
Interior and Local Government (DILG), CSC and a national organization of day care
workers shall promulgate the necessary rules and regulations to implement the
provisions of this Act.

SEC. 17. Penal Provisions. — It shall be unlawful to violate the right of any day
care worker to security of tenure, to deprive them of any rights as provided under this
law, of condition the same on political support for any public official. Any person who
violates the provisions of this Act shall be punished with a fine of not less than Fifty
Thousand Pesos (P50,000.00) 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 shail, in addition to the penalties stated
above, be dismissed from government service.

SEC. 18. Separability Clause. — If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not affected thereby shall
continue to be in full force and effect

SEC. 19. Repealing Clause. — Section 6 of Republic Act No. 6972, otherwise
known as the “Barangay-level Total Development and Protection of Children Act,” and
all laws, executive orders, presidential decrees, presidential proclamations, letters of
instruction, rules and regulations or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 20. Effectivity. - This Act shall take effect fifteen (15) days following it

publication in the Official Gazette or in two (2) newspapers of general circulation in the
Philippines.

Approved,