Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
Introduced by REP. SITTIE SHAHARA “BAI DIMPLE” I. MASTURA 
EXPLANATORY NOTE 
This bill seeks to give recognition to the unsung heroes of every 
community – our day care workers. 
Enacted in 1990, Republic Act No. 6972, also known as the 
Barangay-level Total Development and Protection of Children Act, 
provided for the establishment of a day care center in every barangay and 
instituted a Total Development and Protection of Children Program. 
A decade after, Republic Act No. 8980, otherwise known as the Early 
Childhood Care and Development (ECCD) Act was legislated. This 
measure promulgates a comprehensive policy and national system for Early 
Childhood Care and Development. 
In 2013, another law – Republic Act No. 10410, entitled “The Early 
Years Act of 2013” – strengthened the early childhood care and development 
system and recognized the age zero (0) to eight (8) as the first crucial stage 
of educational development.  
These measures accord special protection to children with full 
recognition of the nature of childhood and their special needs, promoting 
and defending their rights, protecting  them against all forms of neglect, 
abuse, cruelty, exploitation and other conditions prejudicial to their 
development.  
It is in this light that daycare workers play a central role.  Day care 
workers cater to millions of children, as well as their families. They tend to 
the needs of children, allowing parents to attend to other equally important 
July 18, 2022
8:05 am
2023


 
chores. They are our children’s teachers and guardians.   
 
However, despite their significant contribution to society, their 
efforts go unrewarded.  They are not given the same salary or benefits as 
regular government employees  
 
Hence this bill seeking to grant day care workers security of tenure, 
better working conditions and just compensation for services rendered. 
 
This measure has been constantly re-filed and supported during past 
Congresses; it is time it is enacted into law. 
 
In view of its vital importance, the approval of this bill is earnestly 
sought.  
 
 
 
 
SITTIE SHAHARA “BAI DIMPLE” 
I. MASTURA 
Representative 
First District of Maguindanao  
with Cotabato City 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
Introduced by REP. SITTIE SHAHARA “BAI DIMPLE” I. MASTURA 
AN ACT 
ESTABLISHING A MAGNA CARTA FOR DAY CARE WORKERS 
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." 
SECTION 2. Declaration of policy.  It is hereby declared a policy of the State 
to promote the rights of the children to survival, human development, and special 
protection, with full recognition of the nature of childhood as well as the need to 
provide developmentally appropriate experiences to address their needs. 
It is also the State's concern and responsibility to adopt policies which will affirm labor 
as a primary social economic force, protect the rights of workers and promote their welfare. 
SECTION 3. Coverage. This Act shall cover all persons providing Early 
Childhood Care and Development in all government-run day care centers and non- 
stock, non-profit day care centers run by volunteers, people's organizations, 
associations and non-government organizations. 
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SECTION 4. Definition. For the purpose of this Act, the following terms shall 
mean: 
 
 
Early Childhood Care and Development(ECCD) - the full range of health, 
nutrition, early education and social services programs that provide for basic holistic 
needs of young children from birth to age six (6), to promote their optimum growth and 
development through home-based and center-based program; 
 
Day care centers - public, private or non-profit centers providing ECCD 
service under Republic Act No.8980 or “The ECCD Act.”  
 
SECTION 5. Qualifications. A day care worker must be of legal age and had 
received adequate training in Early Childhood Care and Development from the 
Department of Social Welfare and Development or its accredited organizations 
and institutions. Under no circumstances may a day care worker applicant be 
discriminated on the basis of gender, religion, age, status, ethnic groups, 
educational attainment or political affiliation. 
 
SECTION 6. Security of Tenure. Stability of employment and security of tenure 
shall be assured the daycare workers as provided under existing laws. 
 
Incumbent day care workers not meeting requirements, specifically training in 
ECCD, shall not be disqualified but will be required to finish a day care worker training 
course to be administered by the Department of Social Welfare and Development 
within one (1) year from the effectivity of this Act. 
 
Regular day care workers shall not be terminated unless for cause provided by 
law and after due process: 
 
Provided, that if a day care worker is found by the Civil Service Commission 


 
to be unjustly dismissed from work, the day care worker shall be entitled to 
reinstatement without loss of seniority rights. Back wages with twelve percent (12%) 
interest computed from the time compensation was withheld to the time of 
reinstatement shall also be awarded. 
 
SECTION 7. Criteria for Salaries. Daycare workers' salaries shall correspond to 
the following criteria: 
(a) 
they shall compare favorably with those paid in other occupations 
requiring equivalent or similar qualifications, training and abilities; and 
(b) 
they shall be such as to insure teachers a reasonable standard of life 
for themselves and their families. 
 
 
Section 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 municipality/city social welfare officer may require a day care worker to render 
service beyond working hours during emergency situations such as calamities. 
 
SECTION 9. Benefits. Day care workers shall be provided with the following 
benefits: 
 
Philhealth - all day care workers shall be enrolled in the National Insurance 
Program to be able to access personal health services; 
 
Social Security - all day care workers shall be enrolled in the Government 
Service Insurance System or the Social Security System to be able to avail of 
retirement, disability, funeral and other benefits; 
 
Cost of Living Allowance- Daycare workers' salaries shall, at the very least, keep 
pace with the rise in the cost of living by the payment of a cost-of-living allowance 
which shall automatically follow changes in a cost-of-living index. The Secretary of 
Social Welfare and Development shall, in consultation with the proper government 


 
entities, recommend to Congress, at least annually, the appropriation of the necessary 
funds for the cost-of-living allowances of the daycare workers. 
 
Hazard allowance - day care workers,  in both urban and rural places, exposed to 
situations and conditions with foreseeable but unavoidable danger or risks such as 
strife-torn areas and areas under a state of calamity, shall be compensated with 
hazard allowance to be determined by the local government unit. 
 
Over time work - where the exigencies so require, any public health worker 
may be required to render service beyond the normal eight (8) hours a day. In such 
a case, the workers shall be paid an additional compensation in accordance with 
existing laws and prevailing practices. 
 
Retirement benefits - all day care workers will receive retirement benefits 
once they have reached the age and fulfilled service requirements under existing 
laws. 
 
Free legal assistance - in case of political-motivated or work-related harassment, 
government will provide free legal assistance to day care workers to uphold and 
protect their rights. 
 
SECTION 10. Right to Self-Organization. Day care workers shall have the right 
to freely form, join or assist organizations or unions in order to defend and protect 
their mutual interests and to obtain redress of their grievances. 
 
SECTION 11. Married Day Care Workers. Whenever possible, the proper 
authorities shall take steps to enable married couples, both of whom are day care 
workers, to be employed or assigned in the same municipality. 
 
SECTION 12. Participation Fee. Day care workers shall not be required to 
shell out their own money to spend for electricity and rent of their center. If the 


 
participation fee set by the local government is inadequate, it is the LGUs’ 
responsibility to pay for necessary utilities required to operate the day care center. 
 
SECTION 13. Training, Education and Career Enhancement. The Department 
of Social Welfare and Development, in coordination with the Department of 
Education and other concerned government agencies and non-government 
organizations, shall organize training and educational programs as well as provide 
opportunities for scholarships and continuing education. 
 
SECTION 14. Implementing Rules and Regulations. The Department of Social 
Welfare and Development (DSWD), in consultation with the Department of Budget 
and Management and the Department of Education (DepEd), shall promulgate the 
necessary rules and regulations to implement this Act. 
 
SECTION 15. Appropriations. The budget needed to implement provisions of 
this Act shall be included in the annual General Appropriations Act. Training costs 
shall be appropriated under the DSWD. 
 
Section 16. Penal Provision. Any person who shall willfully interfere with, 
restrain or coerce any day care worker in the exercise of his/her rights or shall in 
any manner violate any provision of this Act, upon conviction, shall be punished by a 
fine of less than Twenty thousand pesos (P20,000.00) or imprisonment of not more 
than one (1) year or both at the discretion of the court. 
 
 
SECTION 17. Constitutionality. Should any provision of this Act be declared 
invalid or unconstitutional, the validity or constitutionality of the other provisions shall 
not be affected thereby.   
SECTION 18. Repealing Clause. All laws, decrees, letters of instructions, 
resolutions, orders, ordinances or parts thereof which are inconsistent with the 
provisions of this Act, are hereby repealed, amended, or modified accordingly. 


 
 
SECTION 19. Effectivity. This Act shall take effect fifteen (15) days after its 
publication in two (2) newspapers of general circulation. 
 
Approved,