Republic of the Phi
HOUSE OF REPRES|

Quezon City

INTRODUCED BY HON. ROBERTO “ROBBIE” V. PUNO

EXPLANATORY NOTE

Article II, Section 13 of the 1987 Constitution recognizes the vital role of the youth
in nation-building and mandates the State to Promote and protect their physical,
moral, spiritual, intellectual, and social well-being. Moreover, recognizing the
importance of children’s formative years in their development as productive
members of society, both Republic Act No. 8980, or the Early Childhood Care and
Development (ECCD) Act, and Republic Act No. 10410, or the Early Years Act
(EYA) of 2013, declare the policy of the State to promote the rights of children to
survival, development and special protection with full recognition of the nature of
childhood and its special needs; and to support parents in their roles as primary
caregivers and as their children's first teachers.

In this regard, day care workers play a critical role in early childhood care
and education, particularly in supporting the holistic development af a child's
Social, emotional, cognitive and physical needs in order to build a solid and broad
foundation for lifelong learning and well-being. It is therefore unfortunate that
despite the crucial role of day care workers in the education and character
formation of our children, they are afforded little protection by our existing laws.

This proposed measure seeks to remedy this seeming neglect by promoting
and improving the overall welfare of day care workers by providing them, among
other things, plantilla positions and security of tenure, and upgrading their salaries
and providing them with the benefits rightly due them.

During the 17" Congress, a substitute bill on this subject was approved on
Third and Final Reading by the House Plenary and transmitted to the Senate.


However, due to time constraints, the Senate counterpart bill failed to hurdle the
Second Reading. This bill is filed of the 18" Congress.

is bill is a sought,

In view of the foregoing, passa;

ROBERTOX'ROBBIE\V. PUNO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2M

_INTRODUCED BY HON. ROBERTO “ROBBIE” V. PUNO

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

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

TION 1. Short Title.» This Act shall be known as the “Magna Carta
of Day Care Workers”.

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 oo! education and social development

services to children.

who provide pr

SEC. 2. Declaration of Policy. ~ It is the policy of the State to protect
and promote the right to health of the people and instill health consciousness
among them. Moreover, the State shall promote physical education to foster
self-discpline, teamwork and excellence for the development of a healthy and
alert citizenry. Further, the 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.

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 “The Early Years Act (EYA) of 2013”, 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

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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 I and one (1) Day Care Worker IT
plantilla positions shal! 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 workers shall be removed or transferred from office without just
cause, duc 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 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 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 aud 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, a day care worker
in a particular day care center.

SEC. 7. Qualifications, Positions and Satary Grade. ~ A day care
worker possessing the following qualifications shall be hired to the position of:
(a) Day Care Worker I, 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


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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 Child
Abuse, Exploitation and Discrimination Act”.

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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 qualificd to be covered
under this Act; Provided, That their retention had been recommended by
their direct ivisor. 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
hall be preseribed by the DSWD.

(b) A Day Cure Worker II, with Salary Grade 8, must possess the same
qualifications mention in paragraph (a) of this section including five (5) years
working 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) working hours a week; Provided,
That the local social welfare and development officer (LSWDO) may require
day care workers to render services beyond their requived working hours during
emergency situations such as natural and man-made calamities.

SEC. 9. Code of Couduct of Day Care Workers. — Within six (6)
months upon approval of this Act, the Early Childhood Care and Development
Council (ECCDC), in cousultation 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 the
government.

SEC. 10. / nal, Compens: ‘owanees. ~ 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 ~ for being exposed to situations, conditions, or
factors in the workplace which endanger the workers’ health or life, or increase
the danger or risk thereto. Such risk or danger shall be determined by the local
Sangguniang Barangay concerned;.and

(c) Subsistence allowance — for meals taken in the course of their duty
within the premises of isolated day care centers, the amount of which shall be
computed in accordance with prevailing circumstances as determined by the
local Sangguniang Barangay concerned.

SEC. 11. Other Benefits aud 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 Sees) — The Public Attorney’s Office (PAO) shall
represent day care ‘ases filed against them in connection with the
performance of their duties.

(c) 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 fiom work-related ailments shall
be treated without cost in government hospitals.

(d) Access to Livelihood, Loans, Grants, and Skills Euhancement. ~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 Government Service Insurance System (GSIS), Pag-IBIG, and
PhilHEALTH, subject to premium payments by both employers and employees,
and shall be entitled to maternity/paternity, sick, and vacation leaves as
provided for by existing laws.

SEC, 12. Trainiag, Education aud Skills Luhaacement. -The DSWD,
in coordination with the Department of Education @epED), Commission on
Higher Education (CHED), and Technical Education aud Skills Development
Authority (TESDA), shall Proved for a system of continuing education and

skills taining and knowledge cnhiancement programs for day care workers.

The DepED, CHED, and TESDA shall adopt : an equivalency system of
education that shall recognize and duly credit (1 woik experiences and
prior learning of day care workers as formal academic or training units.

SEC. 13. Support from Non-goverament Organi

tious (NCOs). —
Non-government organizations or private volunteer organizations are hereby

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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. 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 the Philippine Amusement and Gaming Corporation
(PAGCOR) as provided under Republic Act 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. Smplementing Rules and Regulations. — The DSWD,
ECCDC, and Department of the Interior and Local Government (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. 16. Separability Clause. — If any provision of this Act or any part
hereof is declared unconstitutional, the same shall not affect the validity and
effectivity of the other provisions.

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

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

Approved,