IiGUSE9F REPRESENTATIVES
RECEIVED

sre. 2.2 AUG 2016 |
ive Gr0dy \
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SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
First Regular Session )

By: pew

REC’STR ATION UNIT
BILLS avd NOE X SERVICE

HOUSE OF REPRESENTATIVHS
HB.Mo._ 3184

Introduced by Representative Harry L. Roque Jr

AN ACT
PROVIDING THE PROBATIONARY PERIOD OF EMPLOYMENT OF ACADEMIC
PERSONNEL IN PRIVATE SCHOOLS, THEREBY AMENDING FOR THE PURPOSE,
PRESIDENTIAL DECREE NO. 442 (AS AMENDED), OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES
EXPLANATORY NOTE

This bill seeks to legislate the period of probationary employment for professors,
instructors, and teachers, and other academic personnel in private educational institutions. It is a
declared policy of the State to recognize the complementary roles of public and private
institutions in the educational system. Consistent with this, the State shall exercise reasonable
supervision and regulation of all educational institutions and likewise enhance the right of
teachers to professional advancement. The State shall further ensure that teaching will attract and
retain its rightful share of the best available talents through adequate remuneration and other

means of job satisfaction and fulfillment. (1987 Constitution, Art. 14, Sec. 4(1), Sec. 5(4) and

5(5)

In furtherance of these declarations, there is a need to shorten the probationary
employment for teachers, instructors, and professors and other academic personnel in private
schools from the existing three-year period to just a year of very satisfactory service for those in
the elementary and secondary levels, from six down to two consecutive regular semesters of very

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satisfactory service for those in the tertiary level, and from nine to three consecutive trimesters of
very satisfactory service for those in the tertiary level where collegiate courses are offered on the
trimester basis. This measure will ensure that private schools get the best available talents and
employ them as regular employees at the shortest time possible, while simultaneously affording

to the academic personnel their right to professional advancement.

This is a senate counterpart bill to one filed in the House of Representatives by former
Rep. Oscar Gozos.!

GV

HARRY L. ROQUE JR.

" This bill was originally filed during the Fifteenth Congress, First Regular Session, and refiled by Senator
Miriam Defensor Santiago during the Sixteenth Congress, Third Regular Session,

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Wawro

SEVENTEENTH CONGRESS OF THE REPUBLIC. )
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES,
H.B.iNo,

Introduced by Representative Harry L. Roque Jr.

AN ACT
PROVIDING THE PROBATIONARY PERIOD OF EMPLOYMENT OF ACADEMIC
PERSONNEL IN PRIVATE SCHOOLS, THEREBY AMENDING FOR THE PURPOSE
PRESIDENTIAL DECREE NO. 442 (AS AMENDED), OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
SECTION 1. There shall be incorporated after Article 281 of Book 6, Title 1 of the Labor
Code a new article to read as follows:
ART.281-A. Probationary period of academic personnel in private
schools, - The probationary period for academic personnel shall not be more than
one calendar year of very satisfactory service for those in the elementary and
secondary levels, two consecutive regular semesters of very satisfactory service
for those in the tertiary level, and three consecutive trimesters of very satisfactory
service for those in the tertiary level where collegiate courses are offered on a
trimester basis.
For this purpose, the term "academic personnel!" shalll include:

A) Those engaged in actual teaching service, either on full time or part-

time basis.


B) Those who possess certain prescribed academic functions directly
supportive of teaching such as

1. Registrars

2. Librarians

3. Guidance counselors

4. Researchers

5. Other similarly employed individuals

C) Other school officials responsible for academic matters.

SECTION 2. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations or parts thereof, which are inconsistent with this Act, are hereby repealed, amended

or modified accordingly.

SECTION 3. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation, whichever comes earlier.

Approved,