Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL No._8384

Introduced by Manila Teachers Representative
VIRGILIO S. LACSON,

INTRODUCTORY NOTE

The responsibility of molding the minds and values of the Filipino youth makes our public
school teachers precious and invaluable to our society. Moreover, public school teachers, as civil
servants, wholeheartedly dedicate their time and effort in assisting both the local and national
government particularly during elections.

As such, Republic Act No. 4670 otherwise known as “The Magna Carta for Public School
Teachers” was passed into law in view of providing professional rights and safeguards to our
public school teachers in consideration of the exigency and level of difficulty of the exercise of
their profession. However, the said law has which was signed on June 18, 1966 remains
untouched for more than half a century now exhibits weaknesses that hamper the improvement
of the social and economic status and working conditions of our public school teachers. The need
for modifications and amendments to strengthen the law is in order.

This bill seeks to amend the aforementioned law to make the said measure more responsive by
expanding public school teachers working rights, strengthening working protections and
safeguards and providing additional incentives for extra-curricular work.

In view of the foregoing, the immediate approval of this legislative measure is respectfully

sought.

\y.—
VIRGIL®O S. LACSON


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO__8384

Introduced by Manila Teachers Representative
VIRGILIO S. LACSON

AN ACT
STRENGTHENING AND EXPANDING THE PROFESSIONAL RIGHTS AND WORK
INCENTIVES OF PUBLIC SCHOOL TEACHERS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 4670, TO BE KNOWN AS THE EXPANDED MAGNA CARTA
FOR PUBLIC SCHOOL TEACHERS, AND FOR OTHER PURPOSES

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

SECTION 1. Title. — This Act shall be known as the “Expanded Magna Carta for Public School
Teachers Act”

SEC. 2. Sec. 3 of the same Act is hereby amended to read as follows:

Sec. 3. RECRUITMENT, SELECTION AND QUALIFICATION.
RECRUITMENT, SELECTION, PROMOTION OF TEACHERS SHALL BE
BASED ON MERIT AND FITNESS SUBJECT TO EXISTING CRITERIA
DEFINED BY THE DEPARTMENT OF EDUCATION. Provided, however, That
effective upon the approval of this Act, the following shall constitute the minimum
educational qualifications for teacher-applicants:

XXX

PROVIDED, FURTHER, THAT ALL TEACHER-APPLICANTS IN THE
REGISTRY OF QUALIFIED APPLICANTS (RQA) HAS BEEN ASSIGNED, BUT
STILL THERE IS A NEED TO HIRE MORE TEACHERS, THE SCHOOL
SUPERINTENDENT SHALL APPOINT A SUBSTITUTE TEACHER FROM THE
RQA WHO DID NOT MEET THE CUT-OFF SCORE BUT STILL DEEMED
QUALIFIED TO TEACH.

PROVIDED, FINALLY, THAT IN THE BASIS OF PROMOTION, THE SCHOOL,
SUPERINTENDENT SHALL ALSO CONSIDER THE EXPERIENTIAL
QUALIFICATION OF TEACHER APPLICANTS IN ORDER TO ENSURE AN
EQUITABLE PROMOTION MECHANISM WHICH ALSO GIVES
IMPORTANCE ON THE PROFESSIONAL EXPERIENCE OF TEACHERS
ASIDE FROM EDUCATIONAL AND SCHOLASTIC ATTAINMENT.


SEC. 3. Sec. 5 of the same Act is hereby amended to read as follows:
Sec. 5. Temure of Office. — xxx.

NO PERMANENT TEACHER SHALL BE TERMINATED EXCEPT FOR A
JUST CAUSE OR AFTER DUE PROCESS. A TEACHER OR NON-TEACHING
PERSONNEL WHO IS DISMISSED FROM SERVICE BUT LATER FOUND
OUT AS AN UNJUSTLY DISMISSED SHALL BE ENTITLED TO
REINSTATEMENT AND BACK WAGES.

SEC. 4. Sec. 6 of the same Act is hereby amended to read as follows:

Sec. 6. Consent for Transfer Transportation Expenses. — Except for cause and as herein
otherwise provided, no teacher shall be transferred without his consent IN WRITING
from one station to another.

Where the exigencies of the service require the transfer of a teacher from one station to
another, such transfer may be affected by the schoo! superintendent who shall previously
notify the teacher concerned of the transfer and the reason or reasons therefor. If the
teacher believes that there is no justification for the transfer, he may appeal his case to the
[Director of Public Schools or the Director of Vocational Education, as the case may be]
REGIONAL DIRECTOR. THE REGIONAL DIRECTOR SHALL RENDER A
DECISION IN WRITING WITHIN ONE WEEK UPON RECEIPT OF THE
APPEAL. Pending his appeal and the decision thereon, his transfer shall be held in
abeyance: Provided, however, That no transfers whatever shall me made three months
before any local or national election.

PROVIDED, FURTHER, THAT SUCH TRANSFER SHALL NOT CAUSE
DISRUPTION IN DAY-TO-DAY SCHOOL OPERATIONS OF BOTH THE
RECEIVING SCHOOL AND THE HOST SCHOOL.

XXX

SEC. 5. Sec. 7 of the same act is hereby deleted and shall be replaced to read as follows:

SEC. 7. CODE OF ETHICS FOR PROFESSIONAL TEACHERS — TEACHERS
SHALL OBSERVE THE CODE OF ETHICS UNDER REPUBLIC ACT NO. 7836,
OTHERWISE KNOWN AS THE “PHILIPPINE TEACHERS
PROFESSIONALIZATION ACT”

SEC. 6. Sec. 10 of the same act is hereby amended to read as follows:
Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance to
the teaching profession, or during its exercise, or in the termination of services, based on
other than professional consideration.

PROVIDED, THAT, THE HIRING AND PROMOTION OF TEACHERS SHALL
BE BASED ON ACADEMIC AND PROFESSIONAL MERIT AND FITNESS.

PROVIDED, FURTHER, THAT UNDER NO CIRCUMSTANCE THAT THE
LICENSE OF PUBLIC SCHOOL TEACHERS ISSUED BY THE APPROPRIATE
GOVERNMENT AGENCY BE REVOKED OR INVALIDATED FOR REASONS


THAT ARE NOT RELATED TO THE PERFORMANCE OF THE TEACHING
PROFESSION SUCH AS BUT NOT LIMITED TO DEFERRED PAYMENT OF
OBLIGATIONS AND PERSONAL CONFLICTS.

SEC. 7. Sec.12 of the same Act is hereby amended to read as follows:
Sec. 12. Academic Freedom. — xxx.

IN EXERCISE THEREOF, AN INDEPENDENT RESEARCH BODY SHALL BE
CONSTITUTED EVERY TWO (2) YEARS TO REVIEW TEACHING METHODS
AND PRESENT REFORM RECOMMENDATIONS TO THE DEPARTMENT

SEC. 8. Sec. 13 of the same Act is hereby amended to read as follows:

Sec. 13. Teaching Hours. ~ Any teacher engaged in actual classroom instruction shall not
be required to render more than six hours of actual classroom teaching a day, which shall
be so scheduled as to give him time for the preparation and correction of exercises and
other work incidental to his normal teaching duties: Provided, however, That where the
exigencies of the service so require THE SCHOOL DIVISION SUPERINTENDENT
SHALL APPOINT SUBSTITUTE TEACHERS TO FILL-IN THE TEACHING
LOAD.

IN CASES WHEREIN RENDERING OF ADDITIONAL WORK HOURS IS DUE
TO SUBSTITUTION FOR CLASSES OF NON-REPORTING TEACHERS, THE
SCHOOL DIVISION SUPERINTENDENT SHALL ALSO APPOINT
SUBSTITUTE TEACHERS IF THE ABSENCE OR VACANCY WILL EXCEED
FOR MORE THAN TWO (2) WEEKS.

SEC. 9. Sec. 14 of the same Act is hereby amended to read as follows:

Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the
contrary, co-curricula and [out of school] OFF CAMPUS ACTIVITIES AND ANY
OTHER ACTIVITIES BEYOND OF WHAT IS DEFINED AS NORMAL DUTIES
OF A TEACHER THAT WILL MAKE HIM WORK LONGER THAN HIS
REGULAR WORKLOAD INCLUDING RENDERING OF SERVICE DURING
NATIONAL AND LOCAL ELECTIONS, RENDERING REPORTS TO OTHER
GOVERNMENT AGENCIES AND PARTICIPATING IN PROGRAMS AND
ACTIVITIES OF LOCAL GOVERNMENT UNITS SHALL BE PAID THE
REGULAR COMPENSATION FOR THE ACTUAL HOURS WORKED PLUS AN
ADDITIONAL COMPENSATION OF AT LEAST TWENTY-FIVE PERCENT OF
HIS REGULAR REMUNERATION. [after the teacher has completed at least six hours
of actual classroom teaching a day.]

[In the case of other teachers or school officials not engaged in actual classroom
instruction, any work performed in excess of eight hours a day shall be paid an additional

compensation of at least twenty-five percent of their regular remuneration.]

XXX


SEC. 10. Sec. 19 of the same Act is hereby amended to read as follows:

Sec. 19. [Special Hardship Allowances] SPECIAL HARDSHIP, HEALTH AND
SAFETY HAZARD ALLOWANCES. [In areas in which) WHEN TEACHERS,
UPON RIGHTFUL DETERMINATION AND VERIFICATION, ARE EXPOSED
AND EXPERIENCING HARDSHIP, HEALTH AND SAFETY HAZARDS IN
COMMUTING IN THEIR PLACE OF WORK, SUCH AS, BUT NOT LIMITED
TO; (1) PRESENCE OF ARMED CONFLICT AND PREVALENCE OF HIGH
CRIME RATES, (2) PRESENCE OF HAZARDOUS WASTE, CHEMICAL BY-
PRODUCTS AND TOXIC FUMES FROM LANDFILLS, DUMPSITES,
FACTORIES AND POLLUTED WATERWAYS AND ESTEROS IN COMMUTE
ROUTES, (3) LACK OR ABSENCE THEREOF OF PUBLIC TRANSPORT
SERVICE IN THE AREA OF ASSIGNMENT, (4) TRANSPORT IN UNPAVED
ROAD NETWORKS UNACCESSIBLE TO MOTOR VEHICLES, AND (5)
TRANSPORT USING BOATS DUE TO THE ABSENCE OF CONNECTING
BRIDGES OR ROAD NETWORKS OVER AREAS SURROUNDED BY BODIES
OF WATER, SAID TEACHERS SHALL BE COMPENSATED SPECIAL
HARDSHIP, HEALTH AND SAFETY HAZARD ALLOWANCES EQUIVALENT
TO AT LEAST TWENTY-FIVE PERCENT OF THEIR MONTHLY SALARY.

SEC. 11. Sec. 21 of the same Act is hereby amended to read as follows:

Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from
the salaries of teachers except under specific authority of law [authorizing]
REQUIRING such deductions: Provided, however, That upon written authority executed
by the teacher concerned, (1) LAWFUL OBLIGATIONS, DUES AND FEES OWING
TO TEACHERS’ SAVINGS AND LOAN ASSOCIATIONS, TEACHERS’
MUTUAL BENEFIT ASSOCIATIONS AND TEACHER COOPERATIVES
AUTHORIZED BY THE BANGKO SENTRAL NG PILIPINAS (BSP), THE
INSURANCE COMMISSION (IC), AND COOPERATIVE DEVELOPMENT
AUTHORITY (CDA), (2) lawful dues and fees owing to the Philippine Public School
Teachers Association; and (3) premiums properly due on insurance policies, [shall be
considered deductible] SHALL BE THE ORDER OF PREFERENCE IN
DEDUCTIONS RESPECTIVELY.

PROVIDED, HOWEVER, THAT DEDUCTIONS UNDER THE SALARY
DEDUCTION SCHEME SHALL NOT BE CHARGED WITH COMPOUNDED
INTERESTS AND PENALTIES AS PAYMENTS SHALL BE COURSED
THROUGH SALARY DEDUCTION UNTIL FULLY PAID.

IN CASES WHERE PAYMENT OF OBLIGATIONS EXCEED THE 12-MONTH
TERM, DEDUCTIONS FOR PAST DUE INTEREST SHALL APPLY.

SEC. 12. Sec. 22 of the same Act is hereby amended to read as follows:

Sec. 22. HEALTH, WELLNESS AND MEDICAL BENEFITS [Medical

Examination and Treatment} TO ENSURE THE OCCUPATIONAL, EMOTIONAL,
PSYCHOLOGICAL, MENTAL AND PHYSICAL WELLNESS OF TEACHERS
WHILE IN SERVICE, THERE SHALL BE A COMPREHENSIVE HEALTH,
WELLNESS AND MEDICAL PROGRAM. THE ANNUAL PHYSICAL


EXAMINATIONS FOR ALL PUBLIC SCHOOL TEACHERS AND THEIR
DEPENDENTS SHALL BE PROVIDED FOR FREE BY THE GOVERNMENT
ENTITY PAYING THE SALARY OF THE TEACHERS [Compulsory medical
examination shall be provided free of charge for all teachers before they take up teaching,
and shall be repeated not less than once a year during the teacher's professional life]

XXX

SEC. 13. Continuing Education Benefits. Public School Teachers shall be given free continuing
education units as required by the Professional Regulatory Commission (PRC) and for promotion
purposes as required by the Civil Service Commission in any State Universities and Colleges
(SUCs) nearest to their place of assignment or any school deemed qualified by the Department.

For this purpose, the Department shall coordinate with the Commission on Higher Education for
the effective implementation of this provision.

SEC. 14. Conducive Working Conditions and Security Ensured. Public school teachers in the
administration of their duties and functions shall be ensured of good working, safety and security
conditions in their places of assignment. In view thereof, the Department shall provide and
maintain adequate space, ventilation, lighting, and security conditions in public schools to foster
a conducive environment for teaching and learning.

SEC. 15. Right to Legal Counsel of Public School Teachers. Public school teachers shall have
the right to legal counsel to be provided for by the Department for complaints and lawsuits
charged against them; Provided, however. That such entitlements shall only apply in lawsuits
and complaints in relation to the lawful performance and conduct of their teaching duties and
responsibilities.

SEC. 16. Early Option for Retirement. Public school teachers who are at least fifty-five (55)
years of age and have rendered at least fifteen (15) years of service may opt to retire of service
and be entitled to their retirement benefits subject to the pertinent provisions of Republic Act
8291, or the Revised Government Insurance System Act of 1997.

SEC. 17. Performance Bonus. Public school teachers shall be entitled to a Performance Bonus
equivalent to their one-month salary to recognize improved attainment of learning objectives and
‘outcomes subject to the implementing guidelines of the Department of Budget and Management
(DBM).

SEC. 18 Income from Service Fees from Salaries of Public School Teachers. To ensure fiscal
accountability, all service fees collected from the salaries of Public School Teachers shall be first
remitted to the National Treasury and therefore be appropriated by Congress for health and
wellness benefits of public school teachers.

SEC. 19. Separability Clause - \f any provision or part thereof is held invalid or
unconstitutional, the other provisions not affected shall remain valid and subsisting.

SEC. 20. Repealing Clause — All laws, decrees, issuances, orders, rules and regulations or
portions thereof, in contrary to, or inconsistent with any provisions of this Act are hereby
repealed, modifed or amended accordingly.


SEC. 21. Effectivity - This Act shall take effect fifteen (15) days from the date of publication in
the Official Gazette and two (2) major newspapers of general circulation

Approved,