Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SIXTEENTH CONGRESS
Fret Raguiar Session

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House Biino.__768

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

This bill seeks to introduce amendment to Republic Act No. 7836, a.k.a. “An Act to
Strengthen the Regulation and Supervision of the Practice of Teaching in the Philippines and
Prescribing a Licensure Examination for Teachers and For Other Purposes” by deleting the
whole of Section 24 on Registration by Reciprocity.

The rationale thought of by this proposed amendment is to the effect that, the intent and
spirit of subject RA 7836 is precisely to strengthen the following aspects in the practice of
teaching in the Philippines, namely: 1) regulation and 2) supervision.

The principle of reciprocity as read in the present law might mean that the Philippine
government may have to accord professional teachers from foreign countries some latitude or
leeway especially on the matter of laying down the penalties stipulated under Section 28 on
Penal Provisions, if and when, there will be infractions or violations in the practice of teaching by
foreign nationals than by its own citizens.

In the present Constitution, itis said that ‘the control and administration of educational
institutions shall be vested in citizens of the Philippines’

While this proposed bill does not imagine possible intrusion by foreign professional
teachers in the administration of educational institutions, nonetheless, other rights or privileges
provided under RA 7836 may imply that these be extended to teachers from other foreign
countries as well. Their own foreign governments might likewise extend the same rights or
privileges to Filipino teachers teaching abroad beyond the requirement of mere registration by
reciprocity. If this is so, it puts the role of the Professional Regulation Commission through the
appropriate Professional Regulatory Board for Professional Teachers in a bind.

What is given more policy focus here is the inherent difficulty of bringing in the whole
weight of Article IV of the Philippine Teachers Professionalization Act of 1994 and other such
related provisions under said law to bear upon foreign professional teachers on the matter of the
penalties and/or grounds for revocation of license that would have to apply equally to them in
cases of violations. For one, our own Code of Ethics for Professional Teachers lays down other
duties and responsibilities that only a Filipino teacher may have the full commitment to
actualize


This author is of the belief that subject Section 24 is tantamount to be an undue pressure
applied to the smooth and effective implementation of the provisions set forth under RA 7836
and such strain should therefore be relaxed by this proposed legislative feat.

The proposed amendment therefore seeks the strong endorsement of our colleagues in
the House of Representatives with the end in view of truly strengthening our regulation and
supervision of the practice of teaching in this country, hence this endorse;


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SIXTEENTH CONGRESS
First aoe ‘Session

Introduced by Rep. Winston “Winnie” Castelo

AN ACT
AMENDING REPUBLIC ACT NO. 7836, ALSO KNOWN AS THE ‘PHILIPPINE TEACHERS
PROFESSIONALIZATION ACT OF 1994’ BY REMOVAL OF SECTION 24 ON
REGISTRATION BY RECIPROCITY AMOUNTING TO ITS ENTIRE REPEAL OR
MODIFICATION

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

SECTION 1. Short Title. - This Act shall be known as the ‘FILIPINO TEACHERS
PROFESSIONAL ACT OF 2013.

SEC. 2. Declaration of State Policy. - It is the declared policy of the State to promote
that concept that the control and administration of educational institutions shall be vested in
citizens of the Philippines.

SEC. 3. Coverage. - Under this Act, only Filipino professional teachers shall have full
enjoyment of the rights and privileges of Republic Act No. 7836 and the existing penal
provisions in cases of violations or related infractions thereof apply to them exclusively.

SEC. 4. Amendment. - Upon effectivity of this Act, pertinent Section 23 of RA 7836
stated hereunder is hereby entirely repealed or removed:

“Sec. 24. Registration by Reciprocity. - No teacher of a foreign nationality shall be
admitted to the examination, or be given a certificate of registration or be entitled to any of the
rights and privileges provided for under this Act; unless the country or state of which is subject
permits Filipino professional teachers to practice within its territorial limits on the same basis as
subjects of citizens of said country or state; Provided, that the requirements of certification of
teachers with said foreign state or country are substantially the same as those required and
contemplated under this Act; Provided, further, That the laws of such state or country grant the
same privilege to Filipino professional teachers on the same basis as the subject or citizens of
such foreign country or state”

Further, its pertinent repeal or modification is hereby made as if such section had not
been enacted

SEC. 5. Implementing Agency. — The Chairperson of the Professional Regulation
Commission as well as the Secretary of the Department of Education shall promulgate the rules
and regulations for the effective implementation of this Act within ninety (90) days upon its
effectivity. y


SEC. 6. Separability Clause. — The provision of this Act is hereby deemed separable. If
any provision thereof is declared invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the other provisions which shall remain in effect.

SEC. 7. Repealing Clause. — All laws, decrees, executive orders, rules and regulations
or parts thereof, inconsistent with the provision of this Act are hereby repealed.

SEC. 8 Effectivity. — This Act shall take effect following its tion in the Official
Gazette and in at least three (3) newspapers of general circulation.