Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by Honorable Ma. Alana Samantha Taliño Santos
AN ACT INSTITUTING THE MAGNA CARTA FOR DAY CARE WORKERS,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
According to the 2020 Census, children below five years old comprised 10.2 percent (11.07
million) of the household population.1 As mandated by the Constitution, the state shall defend
the right of children to assistance, including proper care.2
Towards this end, republic Act No. 6972 or the Barangay-Level Total Development and
Protection Act established day care centers in every barangay with a total development and
protection of children program.3 Day care workers have been working hard in order to provide
the best level of care and attention for young Filipino children. However, despite the highly
crucial role day care workers play in the care, education and development of our young children,
they receive very little support from the government.
Daycare workers face a myriad of challenges in the workplace. Research shows that early
childhood educators experience burnout due to dealing with children’s challenging and varying
behavior and mental health needs.4 Lack of training, opportunities for advancement and job
security exacerbate the difficult workplace situation our daycare workers experience. In addition,
daycare workers receive very little monetary compensation. Though the law entitles day care
workers to a monthly allowance, the minimum amount they are entitled to is only Php 500.5
Needless to say, this allowance is measly and hardly enough to support the living of day care
workers.
This bill aims to recognize and protect the rights of daycare workers. With the enactment of this
bill, day care workers in government-sponsored day care centers will be entitled to standard
salaries ranging from Salary Grade 6 to Salary Grade 10. In addition, they will be entitled to
other allowances, insurance and retirement benefits. They will also receive adequate training and
1 https://psa.gov.ph/population-and-housing/node/167965
2 Sec 3(b), Art XV, 1987 Constitution
3 Sec 2, RA No. 6972 Barangay - Level Total Development and Protection of Children Act
4 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9803254/
5 Sec 6, RA No. 6972
May 8, 2023
1:03 pm
7953


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by Honorable Ma. Alana Samantha Taliño Santos
opportunities for career enhancement. All these policies will be enacted towards the goal of
protecting the rights and enhancing the dignity of day care workers.
It is imperative for the state to prioritize early care and education for the youngest members of
our community. Addressing their needs necessarily include providing the highest support for
professionals working with them. With this, the passage of this bill is highly urged.
HON. MA. ALANA SAMANTHA TALIÑO SANTOS
Representative, 3rd District of Cotabato
7953


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by Honorable Ma. Alana Samantha Taliño Santos
AN ACT INSTITUTING THE MAGNA CARTA FOR DAY CARE WORKERS,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES
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. – The State recognizes the vital role of children and the
youth in nation-building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. Towards this end, it is the State’s policy to promote and
improve the social well-being and economic welfare of day care workers who provide pre-school
education and social development service to the children. The State shall likewise adopt policies
that will protect the rights and enhance the dignity of day care workers.
Section 3. Coverage. – This Act shall cover all persons engaged in Early Child
Development in government-sponsored day care centers whose primary function is to assist in
the provision of care, social development, education and other needs of the children.
Section 4. Qualification. – A Day Care Worker must be of legal age, possesses at least a
career sub-profession eligibility and must have training in Early Childhood Care and
Development; Provided, however, that an incumbent day care worker who has been serving for
the last five (5) years in a government-sponsored center upon approval of this Act and who does
not meet the prescribed educational qualification standard shall not be disqualified, Provided,
further, that such day care worker shall complete the Day Care Worker training course provided
by Department of Social Welfare and Development (DSWD) within one (1) year from the
effectivity of this Act.
Section 5. Recruitment. – A qualified Day Care Worker shall file his/her application with
the local government unit concerned. Under no circumstance shall a daycare worker be
discriminated on the basis of religion, age, gender, status, race or political affiliation.
Section 6. Salary. — A qualified Day Care Worker shall receive a salary equivalent to:
Level 1 – High School graduate level to below second year college and length of service of
at least five (5) years shall receive the salary equivalent to salary grade 6;
Level 2 – Second year college level shall receive salary equivalent to salary grade 8; and
Level 3 – College graduate level shall receive salary equivalent to salary grade 10.
7953


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by Honorable Ma. Alana Samantha Taliño Santos
Section 7. Working Hours. – A qualified 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 may require a Day Care Worker to render services beyond his/her required
working hours during emergency situations such as calamities.
Section 8. Additional Compensation and Allowances. – Day Care workers shall be
provided with the following additional compensation and allowances:
Overtime pay - Qualified Day Care Workers shall be provided with additional
compensation for services rendered beyond the required working hours, where the exigencies of
the work so requires. In such case, the worker shall be paid an additional compensation in
accordance with existing laws and prevailing practices.
Hazard pay - Day Care Workers assigned to hazardous places or exposed to situations and
conditions with foreseeable but unavoidable danger or risk such as strife-torn areas or under state
of calamity areas shall be given hazard pay, to be determined by the local government unit.
Cost of Living Allowance (COLA) – The salary of daycare workers 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 the 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 day care workers. This allowance shall be on top of the existing Personnel
Economic Relief Allowance (PERA) granted to government personnel.
Section 9. Married Day Care Workers. – Whenever possible, married couples who are
both Day Care Workers shall be assigned in the same municipality or city.
Section 10. Transfer and Tenure of Office. – No Day Care Worker shall be transferred
from one center to another without his/her prior knowledge and/ or consent. As provided under
existing laws, no Day Care Worker shall be terminated from work without due cause.
Section 11. Leave Benefits. – As provided for in existing laws, a Day Care Worker is
entitled to maternity/paternity, sick, and vacation leaves. Day Care Workers with outstanding
performance based on evaluation may avail study leave or sabbatical leaves .
Section 12. Free Medical Examination and Treatment. – Pre-employment and annual
medical examinations shall be provided by government hospitals, free of charge, to all Day Care
7953


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by Honorable Ma. Alana Samantha Taliño Santos
Workers. Day Care Workers suffering from work-related ailments shall be treated free of charge
in government hospitals.
Section 13. Free Legal Assistance – Day Care Workers experiencing politically-motivated
or work-related harassment shall be provided with free legal assistance to uphold and defend
their rights.
Section 14. Insurance and Retirement Benefits. – Qualified Day Care Workers shall
automatically become members of the Government Service and Insurance System (GSIS). Day
Care Workers, having fulfilled service requirements of the applicable retirement laws, shall be
given a one-step salary grade increase upon retirement which shall be the basis of computation of
retirement pay and other retirement benefits.
A Day Care Worker shall be enrolled in the National Insurance Program of the Philippine
Health Insurance Corporation (PhilHealth) for personal health services.
Section 15. Freedom to Organize. – Day Care Workers shall have the freedom to organize
themselves without prior communications with the local government units to which they are
assigned. Organizations of Day Care Workers shall be consulted in the formulation of national
policies and programs that will benefit the sector. Under no circumstance shall any Day Care
Worker be dismissed on the basis of his/her membership in any organization of Day Care
Workers.
Section 16. Participation Fee. – Day Care Workers shall in no way be required to shell out
their own money to spend for electricity and rent of their day care center. If the participation fee
set by the local government is inadequate, it is the Local Government Unit (LGU’s)
responsibility to pay for necessary utilities required to operate the daycare center.
Section 17. Code of Conduct for Day Care Workers. —Within six (6) months upon
approval of this Act, the Department of Social Welfare and Development (DSWD) and the Early
Childhood Care and Development (ECCD) Council in consultation with the national
organization of Day Care Workers, shall formulate a Code of Conduct for Day Care Workers.
Each Day Care Worker shall be provided a copy of the Code.
Section 18. Training, Education and Career Enhancement. The Department of Social
Welfare and Development (DSWD) the Early Childhood Care and Development (ECCD)
Council in coordination with the Department of Education (DepEd) and other concerned
government agencies and non-government organizations (NGOs) shall organize training and
educational programs as well as provide opportunities for scholarships and continuing education.
7953


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by Honorable Ma. Alana Samantha Taliño Santos
Section
19.
Support
from
Non-Government
Organizations.
–
Non-government
organizations or private volunteer organizations are hereby encouraged to assist the government
in the implementation of programs and projects for Day Care Workers.
Section 20. Implementing Rules and Regulations. – The Department of Interior and Local
Government (DILG), DSWD and ECCD Council, in consultation with the Civil Service
Commission and the 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.
Section 21. Appropriations. – Salaries and benefits of Day Care Workers shall be charged
to the local government units concerned. Training needs of Day Care Workers shall be charged
to the annual appropriations of the DSWD.
Section 22. Separability Clause. – If any portion or provision of this Act is declared
unconstitutional or invalid, the remainder of this Act or any provisions hereof not affected
thereby shall continue to be in force and effect.
Section 23. Repealing Clause. –Any law, presidential decree or issuance, executive order,
letter of instruction, rule or regulation inconsistent or contrary to the provision of this Act is
hereby repealed or modified accordingly.
Section 24. Effectivity Clause. – This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette or a newspaper of general circulation.
Approved,
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