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Republic of the Philippines IS
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Quezon City, Metro Manila o bese
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Twentieth Congress
First Regular Session

HOUSE BILL. NO.1534

INTRODUCED BY HONORABLE AMADO CARLOS BOLILIA IV

EXPLANATORY NOTE

The Constitution provides that the State shall defend the rights 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'. Republic Act No. 6972 or the “Barangay-Level Total Development
and Protection of Children Act” provided for the creation of Day Care centers in
every barangay and of the Total Development and Protection Program which aimed
at providing Filipino children up to six (6) years of age care and attention in the
barangay level. This was further strengthened by R.A. 8980 otherwise known as the
Early Childhood Care and Development Act that provided for a comprehensive
policy and national system for Early Childhood Care and Development (ECCD).

At the heart of these measures are the Day Care Workers who assist parents
tend to the needs of their children and help promote the rights of children against all
forms of abuse, neglect, cruelty and other conditions prejudicial to their
development. Day care workers play an important role in the formative years of
children, however, despite this, they are deprived of the benefits and safeguards of
regular government employees. They receive a monthly allowance which is
insufficient given the current cost of living and rising prices of commodities.

This measure aims to address these. It aims to provide a national policy that
will accord Day Care Workers benefits commensurate with their role in the lives of
our children. It aims to create plantilla positions that will provide them security of
tenure and benefits as prescribed by the Civil Service Commission. It also aims to
provide allowances and other privileges, and training, education and skills

* The 1987 Philippine Constitution: Art. 15, Sec. 3, Subsection 2.


enhancement in partnership with other agencies including DepEd, CHED, DSWD
and TESDA.

This representation is refiling this bill, formerly Substitute Bill No. 6550 which
was exhaustively discussed at the committee level, and passed 3rd reading in the
17th Congress. During the 18" and 19th Congress, similar measures were passed that
reached the Committee level. This legislation is part of my priority bills and
advocacies which I will pursue in the 20th Congress.

In view of the foregoing, the immediate enactment and a
earnestly sought.

oval ofthis bill is

CARLOS BOLILIA IV
Representative
4" District, Batangas


Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No._1534

INTRODUCED BY HONORABLE AMADO CARLOS BOLILIA IV

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

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

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

SECTION 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.

SECTION 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) 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 needs of children aged four (4) years
old and below in all government-sponsored day care centers.

SECTION 4. Plantilia 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 shall be removed
or transferred from office without just cause, due process, or prior consultation with
the concerned day care worker.


SECTION 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 chair, the Punong Barangay, Local
Health Officer, Human Resource Management Officer, and local government unit
(LGU) first level employees’ representative as members.

SECTION 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, a day care worker
position in a particular day care center.

SECTION 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 I, with Salary Grade Six (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 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 Child Abuse,
Exploitation and Discrimination Act.”

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,
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 Department of Social Welfare
and Development (DSWD);

(b) A Day Care Worker II, with Salary Grade 8, must possess the same
qualifications mentioned in paragraph (a) of this section including five (5) years of
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).

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

SECTION 9. Code of Conduct of Day Care Workers. - Within six (6) months upon
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. Each day care worker shall be provided with
a copy of the Code at the expense of the government.

SECTION 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 — 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.

SECTION 11. 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. - The Public Attorney's Office (PAO) shall
represent day care workers in cases filed against them in connection
with the performance of their duties.

(c) Free Medical Examination and Treatment. - Annual medical
examinations shall be provided by goverment 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 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.

SECTION 12. Training, Education and Skills Enhancement. — The OSWD, in
coordination with the Department of Education (DepEd), Commission on Higher
Education (CHED) and the Technical Education and Skills Development Authority
(TESDA), shall provide for a system of continuing education and 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 academic or training units.

SECTION 13. Support from Non Government Organizations (NGOs). —
Nongovernment 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. Pursuant thereto, all day care centers may accept
such assistance or support from NGOs.

SECTION 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.

SECTION 15. Implementing Rules and Regulations. - The DSWD, the ECCDC,
and the Department of the Interior and Local Government (DILG), in consultation
with the CSC and a national organization of day care workers, shall formulate the
ules and regulations necessary to implement the provisions of this Act within six (6)
months from its effectivity.

SECTION 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.

SECTION 17. Repealing Clause. — Republic Act No. 6972, otherwise known as
the “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.

SECTION 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,