Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1

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Introduced by Representatives
HORACIO P. SUANSING, JR. and ESTRELLITA B. SUANSING

AN ACT
INSTITUTING THE MAGNA CARTA OF DAY CARE WORKERS AND PROVIDING
FUNDS THEREFOR

EXPLANATORY NOTE

The State recognizes the vital role of children and youth in nation-building. It shall promote
and protect their physical, moral, spiritual, intellectual, and social well-being.

The first eight years of a child is considered as the most formative and crucial stage in growth
and development. Under Section 4 of Republic Act No. 10410 or the Early Years Act (EYA)
of 2013, Child Development Workers, more commonly known as Day Care Workers, are
among those who are directly responsible for the care and education of young children from
age zero (0) to four (4) years. However, despite their crucial role in the character molding and
personality development of the children entrusted to their care, Day Care Workers do not enjoy
the benefits of a regular employee. Moreover, under Republic Act No. 6972, Day Care Workers
are only entitled to receive a monthly allowance of not less than five hundred pesos (PHP
500.00).

In recognition of their vital role in providing pre-school education and social development
services to children, this bill seeks to improve the social and economic welfare of Day Care
Workers by granting them benefits and privileges. This bill mandates the creation of plantilla
positions in all Day Care Centers nationwide, allowing them to enjoy security of tenure and
other benefits provided under Civil Service rules and regulations. They shall also be entitled to
receive other additional compensation and allowances such as overtime pay, hazard and
subsistence allowance.

In view of the foregoing, the immediate approval of this bill is earnestly sought.’

HORA¢ SUANSING, JR.
2™ Disffict of Sultan Kudarat 1* District of Nueva Ecija|

This bill was filed by Rep. Horacio P. Suansing, Jr. and Rep. Estrellita B. Suansing during the Seventeenth Congress, First
Regular Session. It was approved on Third Reading on November 21, 2017.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BILL No._ 179

Introduced by Representatives
HORACIO P. SUANSING, JR. and ESTRELLITA B. SUANSING

AN ACT
INSTITUTING THE MAGNA CARTA OF DAY CARE 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 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 pre-school
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)", 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
day care 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
created in all day care centers nationwide. AS plantilla position holders, day care workers
shall be appointed under permanent 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 submit 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 worker positions.

The local chief executive, as the appointing authority, shall exercise sound discretion in
selecting from the SPSB-recommended pool the most qualified for appointment to the day
care worker position in a particular day care center.

SECTION 7. Qualifications, Positions and Salary Grade. — A day care worker possessing
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:

(3) Must be certified by the Department of Social Welfare and Development
(DSWD) or DSWD-deputized entities to have complied 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. 7160, 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, with 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 and development 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.

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.

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.

¢. 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 the Department of Education (DepED), Commission on Higher Education
(CHED) and 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
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 the
Department of 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 the 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 Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,