Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
Introduced by REPRESENTATIVE JEYZEL VICTORIA C. YU 
2nd District, Zamboanga del Sur 
EXPLANATORY NOTE 
The passage of this bill seeks to institute the magna carta for day care workers. 
Settled in the 1987 Constitution that 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 preschool 
education and social development services to children. 
Currently, it is unfortunate that considering the roles played by our day care workers in 
our society, most importantly, with our children, existing laws do not afford them their well-
deserved benefits. Worst, their economic and professional well-being and development are left 
unattended by the government. 
Hence, it is only best to address these issues by the passage of this bill. It further seeks 
to insulate them from the superfluous political interference and abuses by assuring that day 
care workers would enjoy security of tenure. 
In view of the foregoing, approval of this bill is earnestly sought. 
JEYZEL VICTORIA C. YU 
July 13, 2022
3:19 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
Introduced by REPRESENTATIVE JEYZEL VICTORIA C. YU 
2nd District, Zamboanga del Sur 
AN ACT 
INSTITUTING THE MAGNA CARTA OF DAYCARE 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 preschool 
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 daycare centers. 
SECTION 4. Plantilla Positions and Security of Tenure in Day Care Centers. – At 
least one (1) Day Care Worker I and one (1) Day Care Worker II plantilla positions shall be 
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created in all day care centers nationwide. As plantilla position holders, day care workers shall 
be appointed under payment 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 
chairperson, and 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 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 
processing the following qualifications shall be hired to the position of: 
(a) Day Care Worker I, with Salary Grade 6, must possess the following qualifications: 
(1) Must be of legal age; 
(2) Must have completed at least two (2) years of college education; 


 
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(3)  Must be certified by the Department of Social Welfare and Development (DSWD) 
or DSWD-deputized entities to have compiled 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 DSWD. 
(b)  A Day Care Worker II, 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. 


 
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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 government 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. 


 
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(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 DSWD, in 
coordination with 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 
Nongovernment 
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 


 
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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, ECCDC, and 
Department of the Interior and Local Government (DILG), in consultation with the CSC and a 
national organization of day care workers, shall formulate the rules and regulations necessary 
to implement provisions of this Act within six (6) months from its effectivity. 
 
SECTION 16. Separability Clause. – If any provision of this Act or any part hereof 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,