HOUSE ‘F REPRESENTATIVES

RECEIVED
SEVENTEENTH CONGRESS __) bmte
REPUBLIC OF THE PHILIPPINES. ) ‘S0.AUG 2016
First Regular Session ) TIME: EU om

HOUSE OF REPRESENTATIVES Bye

eVTION UNIT
WOT X SERVICE

Introduced by Representative Maxi
House Bill No. 3868
EXPLANATORY NOTE

This bill seeks to provide more benefits and greater protection to teachers and non-
teaching personnel all over the country by strengthening and amending certain provisions of
Republic Act No. 4870 or the Magna Carta for Public School Teachers.

Teachers are indeed invaluable to our society. Their responsibility in molding the
values and character of the young generation of the country cannot be overestimated. Aside
from educating our children, teachers are likewise the most reliable and dedicated public
servants. They are being constantly called upon by officials of the local and national
government to assist in various extra-curricular and civic activities which contribute to the
welfare of the community and the country, most notable of which is when they guard the
precincts and count the votes during election period.

A public school teacher in the entry level receives a salary of P9,939.00. Compared
to their counterparts in the private sector, who receive an average monthly wage rate of
P14,991 based on Department of Labor figures, public school teachers are indeed among
the lowest paid government workers considering the nature and importance of the services
they render. To stress their importance to society, teachers are given substitute and special
parental authority under our laws. It is imperative therefore that to attract the most competent
and efficient to the teaching profession, government must provide compensation and
benefits commensurate to the work they perform and the contribution they make to the
society

This bill addresses that need by providing for security of tenure to teachers, payment
of their salaries as well as those of non-teaching personnel on a monthly basis regardless of
semestral or summer vacations, annual salary increase or adjustment to mitigate the effects
of inflation, and other measures that will protect the rights and promote the welfare of our
public school teachers. This bill also provides for gratuity benefit for teachers and non-
teaching personnel who choose to retire before reaching the compulsory retirement age of
60 and have rendered not less than two (2) years service. This proposed measure likewise
guarantees their rights to self-organization and to collective bargaining in accordance with
ILO Convention numbered 87 and 98. It also grants teachers and employees’ organizations,
whether independent or federated, the right to negotiate directly with school owners and
administrations. Furthermore, this bill mandates the formulation of a Code of Professional
Conduct for the Teaching Profession to further promote the professionalization of the
profession and encourage unity among teachers and non-teaching personnel. Finally, this
bill makes it obligatory for all schools and learning institutions offering education as a course
to teach this Magna Carta as part of the course requirement.

In view of the foregoing, the passage of this bill is earnestly sought

Me

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES ;
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

House Bill No. 3368

AN ACT
PROVIDING FOR SECURITY OF TENURE, CODE OF CONDUCT AND ADDITIONAL
BENEFITS TO TEACHERS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 4670,
OTHERWISE KNOWN AS THE 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:

BOOK!
GENERAL PROVISIONS

CHAPTER 1
PRELIMINARY MATTERS
[I. DECLARATION OF POLICY COVERAGE]

Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to
promote and ADVANCE [improve] the social [and] economic AND PROFESSIONAL status
of [public school] teachers AND NON-TEACHING PERSONNEL IN ORDER TO ENSURE
THAT THEY ENJOY THE STATUS AND BENEFITS COMMENSURATE TO THEIR
INVALUABLE ROLE IN NATIONAL DEVELOPMENT, AND THAT THEY MAY COMPARE
FAVORABLY WITH OTHER PROFESSIONALS IN THE SERVICE SECTOR OF SOCIETY.
[. their living and working conditions, their terms of employment and career prospects in
order that they may compare favorably with existing opportunities in other walks of life,
attract and retain in the teaching profession more people with the proper qualifications, it
being recognized that advance in education depends on the qualifications and ability of the
teaching staff and that education is an essential factor in the economic growth of the nation
as a productive investment of vital importance. ]

Sec. 2. Title [Definition]. This Act shall be known as the [Magna Carta for Public
School Teachers" and shall apply to all public school teachers except those in the
professorial staff of state colleges and universities] INTEGRATED MAGNA CARTA OF
TEACHERS AND NON-TEACHING PERSONNEL OF 2010.

As used in this Act, the term "teacher" shall mean all persons engaged in classroom
teaching, in [any] ALL level of instruction, on fulltime OR PART TIME basis, including
guidance counselors, schoo! librarians, industrial arts or vocational instructors, [and all other
Persons performing supervisory and/or administrative functions in all schools, colleges and
universities operated by the Government or its political subdivisions; but shall not include
school nurses, school physicians, school dentists, and other school employees.] THE TERM
“NON-TEACHING PERSONNEL” SHALL REFER TO ALL EMPLOYEES IN THE
EDUCATION SERVICE, REGARDLESS OF THE NATURE OF THEIR WORK AND
STATUS OF EMPLOYMENT AND INCLUDING EMPLOYEES IN THE DEPARTMENT OF
EDUCATION.


SECTION 3. APPLICABILITY. — ALL RIGHTS AND BENEFITS GRANTED TO
TEACHERS AND NON-TEACHING PERSONNEL UNDER THIS ACT SHALL, EXCEPT
AS MAY OTHERWISE BE PROVIDED HEREIN, APPLY ALIKE TO ALL TEACHERS AND
NON-TEACHING PERSONNEL IN ALL LEVELS OF PUBLIC AND PRIVATE SCHOOLS,
AND STATE UNIVERSITIES AND COLLEGES.

SECTION 4. CONSTRUCTION IN FAVOR OF TEACHERS AND NON-TEACHING
PERSONNEL. ~ ALL DOUBTS IN THE IMPLEMENTATION AND INTERPRETATION OF
THE PROVISIONS OF THIS ACT INCLUDING ITS IMPLEMENTING RULES AND
REGULATIONS SHALL BE RESOLVED IN FAVOR OF THE TEACHERS AND NON-
TEACHING PERSONNEL.

BOOK TWO
EMPLOYMENT STANDARDS
[l. RECRUITMENT AND CAREER]

Sec. [3] 5. Recruitment and Qualification. Recruitment policy with respect to the selection
and appointment of teachers shall be clearly defined by the Department of Education
[Culture and Sports}: Provided, however, That effective upon the approval of this Act, the
following shall constitute the minimum educational qualifications for teacher-applicants:

(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in
Elementary Education (B.S.E.ED.);

(b) For teachers of the secondary schools, Bachelor's degree in Education or its
equivalent with a major and a minor; or a Bachelor's degree in Arts or Science
with at least eighteen professional units in Education

(c) For teachers of secondary vocational and two years technical courses, Bachelor's
degree in the field of specialization with at least eighteen professional units in
education;

(d) For teachers of ACADEMIC courses on the [collegiate] COLLEGE level, [other
than vocational,] master's degree with a specific area of specialization [/]
THEY SHALL TEACH ONLY THEIR MAJOR FIELD AND/OR ALLIED
SUBJECTS.

[Provided, further, That in the absence of applicants who possess the minimum
educational qualifications as hereinabove provided, the school superintendent may appoint,
under a temporary status, applicants who do not meet the minimum qualifications: Provided,
further, That should teacher-applicants, whether they possess the minimum educational
qualifications or not, be required to take competitive examinations, preference in making
appointments shall be in the order of their respective ranks in said competitive examinations
And provided, finally, That the results of the examinations shall be made public and every
applicant shall be furnished with his score and rank in said examinations. ]

PROVIDED, HOWEVER, THAT IN CASES OF DIFFICULTY IN COMPLYING WITH
THE ABOVE PROVISION IN PRIVATE SCHOOLS, EXEMPTION MAY BE REQUESTED
FROM THE SECRETARY OF DEPARTMENT OF EDUCATION, AND IN THE CASE OF
STATE UNIVERSITIES AND COLLEGES, FROM THE COLLEGE OR UNIVERSITY
PRESIDENT THROUGH THE OFFICE OF ACADEMIC AFFAIRS: PROVIDED, FURTHER,
THAT NOT LESS THAN EIGHTY PERCENT (80%) OF THE TOTAL WORKING FORCE IN
THE COLLEGIATE LEVEL SHALL POSSESS MASTERAL DEGREE: PROVIDED,


FURTHERMORE, THAT TEACHERS IN PRIVATE SCHOOLS, COLLEGES AND
UNIVERSITIES WHO WERE HIRED WITHOUT THE NECESSARY QUALIFICATIONS AS
HEREINABOVE SET FORTH SHALL BE GIVEN A GRACE PERIOD OF AT LEAST
THREE (3) YEARS WITHIN WHICH TO QUALIFY.

IN THE ABSENCE OF APPLICANTS IN THE ELEMENTARY AND SECONDARY
PUBLIC SCHOOLS WHO POSSESS THE MINIMUM EDUCATIONAL QUALIFICATIONS
AS HEREINABOVE PROVIED, THE SCHOOL SUPERINTENDENT MAY APPOINT
UNDER A TEMPORARY STATUS, APPLICANTS WHO DO NOT MEET THE MINIMUM
QUALIFICATIONS: PROVIDED, HOWEVER, THAT SHOULD TEACHER-APPLICANTS,
WHETHER THEY POSSESS THE MINIMUM QUALIFICATION OR NOT, BE REQUIRED
TO TAKE COMPETITIVE EXAMINATIONS, PREFERENCE IN MAKING APPOINTMENTS
SHALL BE IN ORDER OF THEIR RESPECTIVE RANKS IN SAID COMPETITIVE
EXAMINATIONS: AND PROVIDED, FURTHER, THAT THE APPLICANT SHALL BE
FURNISHED WITH HIS SCORE AND RANK IN EXAMINATIONS.

WHEN VACANCIES OCCUR IN THE TEACHING FORCE OF THE SCHOOL
DURING THE SCHOOL YEAR, SUBSTITUTES OR REPLACEMENTS WITH SIMILAR OR
HIGHER QUALIFICATIONS SHALL BE EMPLOYED.

Sec. [4] 6. Probationary Period. [When recruitment takes place after adequate training and
professional preparation in any school recognized by the Government, no probationary
period preceding regular appointment shall be imposed if the teacher possesses the
appropriate civil service eligibility: Provided, however, That where, due to the exigencies of
the service, it is necessary to employ as teacher a person who possesses the minimum
educational qualifications herein above set forth but lacks the appropriate civil service
eligibility, such person shall be appointed on a provisional status and shall undergo a period
of probation for not less than one year from and after the date of his provisional
appointment] THE DURATION OF PROBATION AND THE CONDITIONS FOR ITS
SATISFACTORY COMPLETION SHALL BE MADE KNOWN IN ADVANCE TO THE
TEACHER-APPLICANT AND THE SAME SHALL BE EXPRESSLY STIPULATED IN THE
APPOINTMENT PAPERS.

A. PUBLIC SCHOOLS — WHEN RECRUITMENT TAKES PLACE AFTER PROOF
OF ADEQUATE TRAINING AND PROFESSIONAL PREPARATION IN A
SCHOOL RECOGNIZED BY THE GOVERNMENT TO GIVE THE SAME, NO
PROBATIONARY PERIOD PRECEDING REGULAR EMPLOYMENT SHALL
BE IMPOSED IF THE TEACHER POSSESSES THE APPROPRIATE CIVIL
SERVICE ELIGIBILITY, PROVIDED, HOWEVER, THAT IF IT IS NECESSARY
TO EMPLOY AS A TEACHER A PERSON WHO POSSESSES THE MINIMUM.
EDUCATIONAL QUALIFICATIONS HEREINABOVE SET FORTH BUT LACKS
THE APPROPRIATE CIVIL SERVICE ELIGIBILITY, SUCH PERSON SHALL
BE APPOINTED ON A PROVISIONAL STATUS AND SHALL UNDERGO A
PERIOD OF PROBATION OF ONE SCHOOL YEAR FROM THE DATE OF HIS
PROVISIONAL APPOINTMENT.

B. PRIVATE SCHOOLS - THE PROBATIONARY PERIOD FOR PRIVATE
SCHOOLS SHALL BE ONE SCHOOL YEAR.

C. STATE UNIVERSITIES AND COLLEGES - INSTRUCTORS IN STATE
UNIVERSITIES AND COLLEGES SHALL SERVE A PROBATIONARY PERIOD
OF ONE SCHOOL YEAR.

TEACHERS WHO HAVE SATISFACTORILY PASSED THE CORRESPONDING
PROBATIONARY PERIOD SHALL BE ISSUED PERMANENT APPOINTMENT,


PROVIDED, HOWEVER, THAT DURING THE PROBATIONARY PERIOD, REGULAR
EVALUATION OF THEIR PERFORMANCE SHALL BE MADE BY THE
ADMINISTRATION, PEERS AND STUDENTS IN ACCORDANCE WITH THE CRITERIA
JOINTLY ESTABLISHED BY THE ADMINISTRATION AND THE TEACHER'S
ORGANIZATIONS.

COMPLETION OF MASTERAL DEGREE FOR COLLEGE INSTRUCTORS,
WHETHER IN PRIVATE OR STATE UNIVERSITIES AND COLLEGES, SHALL BE
REQUIRED ONLY FOR PROMOTION TO THE POSITION OF ASSISTANT PROFESSOR
AND NOT FOR TENURE AT THE INSTRUCTOR LEVEL.

Sec. [5] 7. Tenure of Office. Stability on employment and security of tenure shall be assured
the teachers [as provided under existing laws]. NO PERMANENT TEACHER SHALL BE
TERMINATED EXCEPT FOR JUST CAUSES AS PROVIDED BY LAW, AND AFTER DUE
PROCESS. IN THE CASE OF A PROBATIONARY TEACHER, HIS SERVICES MAY BE
TERMINATED ONLY FOR JUST CAUSE OR WHEN HE FAILS TO QUALIFY AS A
PERMANENT TEACHER IN ACCORDANCE WITH REASONABLE STANDARDS
STIPULATED IN HIS APPOINTMENT PAPERS AND AFTER DUE PROCESS.

A TEACHER OR NON-TEACHING PERSONNEL WHO IS UNJUSTLY DISMISSED
FROM THE SERVICE SHALL BE ENTITLED TO REINSTATEMENT WITHOUT LOSS OF
SENIORITY RIGHTS AND TO BACK WAGES COMPUTED FROM THE TIME
COMPENSATION WAS WITHHELD UP TO THE TIME OF ACTUAL REINSTATEMENT.

Subject to the provisions of Section [three] 6 (A) hereof, teachers appointed on a
provisional status for lack of necessary civil service eligibility shall be extended permanent
appointment for the position he is holding after having rendered at least [ten] THREE (3)
years of [continuous,] ACCUMULATED efficient and faithful service in such position

Sec. [6] 8. Consent for Transfer [Transportation Expenses.] Except for cause and as herein
otherwise provided, no PUBLIC SCHOOL teacher shall be transferred without his
EXPRESSED 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 effected by the school superintendent who shall previously
notify the teacher concemed of the transfer and the reason or reasons therefor. If the
teacher believes 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 WHO
SHALL RENDER A DECISION WITHIN ONE (1) WEEK FROM 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 be made WITHIN three
months before any local or national election.

[Necessary transfer expenses of the teacher and his family shall be paid for by the
Government if his transfer is finally approved ]

NO TEACHER WHETHER IN PRIVATE OR PUBLIC SCHOOLS OR STATE
UNIVERSITIES AND COLLEGES SHALL BE TRANSFERRED FROM ONE POSITION TO
ANOTHER IN WHICH HE LACKS QUALIFICATION, SKILLS AND EXPERIENCE.

A TEACHER SUBJECT OF A VALID TRANSFER SHALL NOT SUFFER ANY
DIMINUTION IN RANK AND IN PAY. SHOULD HE BE TRANSFERRED TO A HIGHER-
PAYING POSITION, HE SHALL BE ENTITLED TO THE SALARIES AND BENEFITS
PERTAINING TO THAT POSITION.


Sec. 9. ADVANCEMENT AND PROMOTION - SUBJECT TO THE NECESSARY
QUALIFICATIONS, TEACHERS SHALL BE ASSURED OPPORTUNITIES TO MOVE
FROM ONE TYPE OR LEVEL OF SCHOOL TO ANOTHER WITHIN THE EDUCATION
SERVICE. IN CASE OF TRANSFER OF A PERMANENT TEACHER HE/SHE SHALL
RETAIN HIS/HER PERMANENT STATUS.

Sec. 10. ADVANCEMENT AND PROMOTION -TEACHERS AND NON-TEACHING
PERSONNEL SHALL BE ASSURED OPPORTUNITIES TO MOVE FROM ONE TYPE OR
LEVEL OF SCHOOL TO ANOTHER WITHIN THE EDUCATION SERVICE. IN CASE OF
TRANSFER OF A PERMANENT TEACHER HE/SHE SHALL RETAIN HIS/HER
PERMANENT STATUS.

PROMOTION SHALL BE BASED ON AN OBJECTIVE ASSESSMENT OF THE
TEACHER'S QUALIFICATIONS FOR THE NEW POST BY REFERENCE TO STRICTLY
PROFESSIONAL CRITERIA LAID DOWN IN CONSULTATION WITH TEACHER'S
ORGANIZATIONS.

Sec. 11. RANKING OF FACULTY MEMBERS. - FACULTY MEMBERS SHALL BE
ASSIGNED ACADEMIC RANKS IN ACCORDANCE WITH THEIR ACADEMIC TRAINING
AND EDUCATIONAL ATTAINMENT. CRITERIA FOR RANKING SHALL BE
PERFORMANCE-DETERMINED IN COLLABORATION WITH TEACHER'S
ORGANIZATIONS. RANKING SHALL BE PERFORMANCE-ORIENTED.

A NEW MEMBER OF THE FACULTY IN THE COLLEGIATE LEVEL SHALL
BEGIN AS INSTRUCTOR: PROVIDED, HOWEVER, THAT HE MAY BE APPOINTED AS
ASSISTANT PROFESSOR, ASSOCIATE PROFESSOR, OR PROFESSOR OR ANY
OTHER HIGHER RANK, IF SUCH APPOINTMENT/DESIGNATION IS WARRANTED BY
HIS EXPERIENCE, TRAINING AND SCHOLARSHIP CREDENTIALS.

Sec. 12, Academic Freedom. - ALL [T]teachers IN ALL LEVELS OF INSTRUCTION
FROM GRADE SCHOOL THROUGH COLLEGE shall enjoy academic freedom in the
discharge of their professional duties, particularly with regard to THE CHOICE OF teaching
AIDS, [and classroom methods. ] METHODS, TECHNIQUES AND TEXTBOOKS, AND
OTHER REFERENCE MATERIALS.

IN PARTICULAR, THE CONCEPT OF TEACHER'S ACADEMIC FREEDOM,
SUBJECT TO CONSTITUTIONAL LIMITATIONS AND SAFEGUARDS, AND WITH THE
GROWTH AND DEVELOPMENT OF THE STUDENTS AS PRIORITY, SHALL CONSIST
OF THE FOLLOWING RIGHTS:

A. THE TEACHER’S FREEDOM IN THE EXPLANATION OF HIS SUBJECT IN
THE CLASSROOM OR IN SPEECHES AND PUBLICATIONS AS HE MAY
DEEM FIT AND APPROPRIATE

B. THE TEACHER’S FREEDOM IN THE CHOICE OF SUBJECTS OF RESEARCH
AND INVESTIGATION UNDERTAKEN ON HIS OWN INITIATIVE

C. THE TEACHER'S RIGHT TO CHOOSE TEXTBOOKS AND OTHER
REFERENCE SUPPLEMENTARY INSTRUCTIONAL MATERIALS DEEMED
FIT FOR A PARTICULAR SUBJECT OR DISCIPLINE

TEACHERS IN AUTONOMOUS REGIONS IN THE PHILIPPINES IN THE
EXERCISE OF ACADEMIC FREEDOM, MAY ADOPT, DEVELOP AND IMPROVE
INDIGENOUS WAYS OF LEARNING ON KNOWLEDGE, SKILLS, CUSTOMS AND
EXPERIENCE IN SO FAR AS THIS MAY PRESERVE AND ENCOURAGE CULTURAL


IDENTITY OF THE PEOPLE IN THE REGION, PROPAGATE NATIONAL
CONSCIOUSNESS, DEVELOP CRITICAL THINKING AND PROMOTE THE NATIONAL
INTERESTS OF THE FILIPINO PEOPLE.

ANY SYSTEM OF EVALUATION OR SUPERVISION SHALL BE DESIGNED TO
ENCOURAGE AND ASSIST TEACHERS IN THE PERFORMANCE OF THEIR
PROFESSIONAL TASKS AND SHALL NOT DIMINISH THEIR FREEDOM, INITIATIVE
AND RESPONSIBILITY.

Sec. 13. WORKLOAD AND 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, any teacher may be required to render more
than six hours but not exceeding eight hours of actual classroom teaching a day upon
payment of additional compensation at the same rate as his regular remuneration plus at
least twenty-five per cent of his basic pay.] - EXCEPT AS OTHERWISE PROVIDED
HEREIN, THE REGULAR FULL TIME LOAD OF A FACULTY MEMBER SHALL BE
TWELVE (12) HOURS PER WEEK WITH TWO HOURS PREPARATION IN LINE WITH
THE TEACHER'S MAJOR SUBJECT OR AREA OF EXPERTISE. ANY TEACHING
ASSIGNMENT IN EXCESS OF THIS NUMBER SHALL BE PAID AN ADDITIONAL
COMPENSATION AT THE SAME RATE AS HIS REGULAR REMUNERATION PLUS AT
LEAST TWENTY-FIVE (25%) OF HIS BASIC PAY.

THE TEACHING LOAD PRESCRIBED ABOVE MAY, HOWEVER, BE REDUCED
IN CASE A MEMBER OF THE FACULTY IS OCCUPIED EITHER IN RESEARCH,
CREATIVE WRITING, OR OTHER PRODUCTIVE SCHOLARSHIP, OR IS ASSIGNED TO
PERFORM ADMINISTRATIVE OR COMMITTEE WORK IN WHICH CASE THE DEAN OR
DIRECTOR MAY RECOMMEND THE APPROPRIATE TEACHING LOAD: PROVIDED,
HOWEVER, THAT THE TOTAL WORKING HOURS SPENT ON BOTH TEACHING AND
ADMINISTRATIVE OR OTHER DUTIES SHALL NOT EXCEED FIFTEEN (15) HOURS
PER WEEK.

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
[outside] BEYOND of what is defined as normal duties of [any] A teacher THAT WILL
MAKE HIM WORK LONGER THAN HIS REGULAR WORKLOAD shall be paid THE
REGULAR COMPENSATION FOR THE ACTUAL HOURS WORKED PLUS an additional
compensation of at least twenty-five per cent 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 per cent of their regular remuneration ]

[The] [aJAgencies utilizing the services of PUBLIC teachers shall pay the additional
compensation required under this section. Education authorities shall refuse to allow the
rendition of services of PUBLIC SCHOOL teachers for other government agencies without
the assurance that the teachers shall be paid the remuneration provided for under this
section.

Sec. [19] 15. Special Hardship Allowances. In areas in which teachers are exposed to
hardship such as difficulty in commuting to the place of work or other hazards peculiar to the
place of employment, as determined by the Secretary of Education, they shall be


compensated special hardship allowances equivalent to at least twenty-five per cent of their
monthly salary.

CHAPTER II
NON-ACADEMIC PERSONNEL

Sec. 16. SELECTION AND HIRING — RECRUITMENT POLICY WITH RESPECT TO THE
SELECTION AND HIRING OF NON-TEACHING PERSONNEL SHALL BE DETERMINED
BY THE SCHOOL AUTHORITIES IN CONSULTATION WITH REPRESENTATIVES OF
THE EMPLOYEES

Sec. 17, SECURITY OF TENURE — STABILITY OF EMPLOYMENT AND SECURITY OF
TENURE SHALL BE ASSURED THE NON-TEACHING PERSONNEL. NO PERMANENT
NON-TEACHING PERSONNEL SHALL BE TERMINATED EXCEPT FOR JUST CAUSE
AS PROVIDED BY LAW AND AFTER DUE PROCESS. IN THE CASE OF A
PROBATIONARY EMPLOYEE, HIS SERVICES MAY BE TERMINATED ONLY FOR JUST
CAUSE OR WHEN HE FAILS TO QUALIFY AS A PERMANENT NON-TEACHING
EMPLOYEE IN ACCORDANCE WITH REASONABLE STANDARDS STIPULATED IN HIS
APPOINTMENT PAPERS AND AFTER DUE PROCESS.

A _NON-TEACHING EMPLOYEE WHO IS UNJUSTLY DISMISSED FROM THE
SERVICE SHALL BE ENTITLED TO REINSTATEMENT WITHOUT LOSS OF SENIORITY
RIGHT AND TO BACKWAGES FROM THE TIME OF HIS ACTUAL REINSTATEMENT.

Sec. 18 WORKLOAD AND WORKING HOURS - WORKING HOURS OF NON-TEACHING
PERSONNEL SHALL NOT EXCEED SEVEN (7) HOURS A DAY. ANY EMPLOYEE WHO.
HAS SUFFERED OR IS REQUIRED TO WORK BEYOND THE REGULAR WORKING
HOURS SHALL BE PAID AN ADDITIONAL COMPENSATION EQUIVALENT TO HIS
REGULAR RATE PLUS AT LEAST TWENTY-FIVE PERCENT (25%) THEREOF.

Sec. 19. RANKING AND PROMOTION — SUBJECT TO THE NECESSARY
QUALIFICATIONS, NON-TEACHING PERSONNEL SHALL BE ASSURED
OPPORTUNITIES TO MOVE FROM ONE TYPE OR LEVEL OF SCHOOL TO ANOTHER
WITHIN THE EDUCATION SERVICE. IN CASE OF TRANSFER OF A PERMANENT
EMPLOYEE, HE/SHE SHALL RETAIN HIS/HER PERMANENT STATUS.

Sec. 20. TRANSFER FOR TEACHING POSITION — A PERMANENT EMPLOYEE WHO IS
TRANSFERRED TO A TEACHING POSITION SHALL BE REQUIRED TO UNDERGO A
NEW PROBATIONARY APPOINTMENT.

Sec. 21. ADDITIONAL COMPENSATION — NOTWITHSTANDING ANY PROVISION OF
EXISTING LAW TO THE CONTRARY, ANY ACTIVITY BEYOND HIS OR HER REGULAR
DUTIES AND WILL MAKE HIM WORK LONGER THAN HIS REGULAR WORKLOAD
SHALL BE PAID AN ADDITIONAL COMPENSATION OF AT LEAST TWENTY-FIVE
PERCENT (25%) OF HIS REGULAR COMPENSATION.

CHAPTER III

EMPLOYMENT CONDITIONS AND BENEFITS
COMMON TO TEACHERS AND NON-TEACHING PERSONNEL

[Ill. HOURS OF WORK AND REMUNERATION]


Sec. [15] 22. Criteria for Salaries. Teacher's AND EMPLOYEES’ salaries shall correspond
to the following criteria:

(a) they shall compare favorably with those paid in other occupations requiring
equivalent or similar qualifications, training and abilities;

(b) they shall be such as to insure teachers AND NON-TEACHING PERSONNEL
a reasonable standard of [life] LIVING for themselves and their families; and

(c) they shall be property graded so as to recognize the fact that certain positions
require higher qualifications and greater responsibility than others: Provided,
however, That the general salary scale shall be such that the relation
between the lowest and highest salaries paid in the profession will be of
reasonable order. Narrowing of the salary scale shall be achieved by raising
the lower end of the salary scales relative to the upper end []

(D) THEY SHALL MOTIVATE TEACHERS TO ACCELERATE THE
IMPROVEMENT OF THEIR PEDAGOGIC QUALIFICATIONS, AND NON-
TEACHING PERSONNEL TO INCREASE THEIR KNOWLEDGE AND
COMPETENCIES NECESSARY FOR EFFICIENT AND EFFECTIVE
SERVICE;

(E) SALARIES OF PRIVATE SCHOOL TEACHERS AND NON-TEACHING
PERSONNEL SHALL COMPARE FAVORABLY WITH THOSE OF
PUBLIC SCHOOL AND STATE UNIVERSITY AND COLLEGE
TEACHERS AND EMPLOYEES

Sec. 23. SALARIES PAID ON MONTHLY BASIS — THE PROVISION OF ANY EXISTING
LAW TO THE CONTRARY NOTWITHSTANDING, SALARIES OF TEACHERS AND NON-
TEACHING PERSONNEL SHALL BE PAID ON MONTHLY BASIS FOR A PERIOD OF
TWELVE (12) MONTHS REGARDLESS OF SEMESTRAL OR SUMMER VACATIONS.
FOR THIS PURPOSE, MONTHLY BASIS SHALL MEAN THAT TEACHERS AND NON-
TEACHING PERSONNEL SHALL BE CONSIDERED PAID FOR ALL THE DAYS OF THE
MONTH INCLUDING REST DAYS AND HOLIDAYS.

TEACHERS WHO ARE REQUIRED TO WORK DURING SEMESTRAL OR
SUMMER VACATIONS SHALL BE PAID AN ADDITIONAL COMPENSATION ON A PRO
RATA BASIS

Sec. [16] 24. ANNUAL Salary Scale REVIEW AND ADJUSTMENT. Salary [scales] of
teachers shall BE INCREASED ANNUALLY; PROVIDED, THAT THE AMOUNT OF
INCREASE SHALL BE THAT AMOUNT RECOMMENDED BY THE DEPARTMENT OF
EDUCATION, IN COORDINATION WITH THE DEPARTMENT OF BUDGET AND
MANAGEMENT, AFTER CONDUCTING A REVIEW OF THE SALARY SCALES OF
TEACHERS, FOR THE PURPOSE OF MITIGATING THE EFFECTS OF INFLATION
[provide for gradual progression from a minimum to a maximum salary by means of regular
increments, granted automatically after three years]: Provided, FURTHER, That the
efficiency rating of the teacher concerned is at least satisfactory. [The progression from the
minimum to the maximum of the salary scale shall not extend over a period of ten years]
Sec. [21] 25. Deductions Prohibited. No person shall make any deduction whatsoever from
the salaries of teachers AND EMPLOYEES except under specific authority of law
[authorizing such deductions: Provided, however, That upon written authority executed by
the teacher concemed, (1) lawful dues and fees owing to the Philippine Public School
Teachers Association, and (2) premiums properly due on insurance policies, shall be
considered deductible] OR BY THE WRITTEN AUTHORITY OF TEACHER OR
EMPLOYEE CONCERNED.


[Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are
appropriated by a city, municipal, municipal district, or provincial government, shall not be
less than those provided for teachers of the National Government]

[Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with
the rise in the cost of living by the payment of a cost-of-living allowance which shall
automatically follow changes in a cost-of-living index. The Secretary of Education shall, in
consultation with the proper government entities, recommend to Congress, at least annually,
the appropriation of the necessary funds for the cost-of-living allowances of teachers
employed by the National Goverment. The determination of the cost-of-living allowances by
the Secretary of Education shall, upon approval of the President of the Philippines, be
binding on the city, municipal or provincial government, for the purposes of calculating the
cost-of-living allowances of teachers under its employ,]

[Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal
tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however,
That such checks or treasury warrants shall be cashable in any national, provincial, city or
municipal treasurer's office or any banking institutions operating under the laws of the
Republic of the Philippines.]

Sec. 26. SICK LEAVE — FULL TIME TEACHERS IN THE ELEMENTARY AND
SECONDARY SCHOOLS SHALL BE ENTITLED TO AN ANNUAL SICK LEAVE WITH
PAY OF FIFTEEN (15) WORKING DAYS. PART-TIME TEACHERS IN THE ELEMENTARY
AND SECONDARY SCHOOLS SHALL BE ENTITLED TO SICK LEAVE WITH PAY ON
PRO-RATA BASIS.

FACULTY MEMBERS IN THE COLLEGIATE LEVEL, WHETHER FULL-TIME OR
PART-TIME, SHALL ENJOY SICK LEAVE WITH PAY OF FIFTEEN (15) WORKING
DAYS.

UNUSED SICK LEAVES SHALL BE ACCUMULATED TO NOT MORE THAN
SIXTY (60) DAYS AND THE SAME SHALL BE CONVERTED TO CASH UPON
RESIGNATION OR RETIREMENT OF THE TEACHER OR EMPLOYEE CONCERNED.

Sec. [25] 27. Indefinite SICK Leave. An indefinite sick leave [of absence] WITHOUT PAY
shall be granted to teachers AND EMPLOYEES when the nature of the illness demands a
long treatment that will exceed one year [at the least] BUT NOT MORE THAN THREE
YEARS; PROVIDED, HOWEVER, THAT A TEACHER OR EMPLOYEE CONCERNED
SHALL BE ALLOWED TWO (2) MONTHS LEAVE WITH PAY IN CASE OF MAJOR
OPERATION.

Sec. 28. VACATION LEAVE — FULL TIME TEACHERS AND EMPLOYEES SHALL BE
ENTITLED TO AN ANNUAL VACATION LEAVE WITH FULL PAY OF FIFTEEN (15)
DAYS.

Sec. 29. MATERNITY/PATERNITY LEAVE - A FEMALE FACULTY MEMBER OR
EMPLOYEE SHALL BE ENTITLED TO MATERNITY LEAVE OF SIXTY (60) DAYS WITH
FULL PAY TO TAKE EFFECT TWO WEEKS PRIOR TO THE EXPECTED DATE OF
DELIVERY AS CERTIFIED BY HER ATTENDING PHYSICIAN.

PATERNITY LEAVE OF MALE FACULTY MEMBERS SHALL BE GOVERNED BY
REPUBLIC ACT NO. 8187 OR THE PATERNITY LEAVE LAW.

THE BENEFITS GRANTED UNDER THIS SECTION SHALL BE PAID TO THE
TEACHER OR EMPLOYEE CONCERNED AND/OR HER SPOUSE DURING THE PERIOD
OF ENTITLEMENT.


Sec. 30. EMERGENCY LEAVE - IN CASE OF CALAMITIES WHERE THE FACULTY
MEMBER OR EMPLOYEE BECOMES A VICTIM, OR IN THE EVENT OF DEATH IN HIS
IMMEDIATE FAMILY OR ANY SERIOUS ACCIDENT BEFALLING HIM OR HIS
DEPENDENTS, HE SHALL BE ENTITLED TO AN EMERGENCY LEAVE WITH PAY OF
NOT EXCEEDING FIVE (5) DAYS PER YEAR.

[lV. HEALTH MEASURES AND INJURY BENEFITS]

Sec. [22] 31. Medical Examination and Treatment. Compulsory medical examination shall be
provided free of charge for all teachers AND EMPLOYEES before [they take up teaching,
and shall be repeated not less than once a year during the teacher's professional life.]
THEIR EMPLOYMENT AND ANNUALLY THEREAFTER. Where medical examination
show that medical treatment and/or hospitalization is necessary FOR INFECTIOUS
DISEASES OR INJURIES SUFFERED NOT ONLY DURING TEACHING OR ON-CAMPUS
ACTIVITIES BUT ALSO WHEN HE ENGAGED IN SCHOOL RELATED ACTIVITIES
AWAY FROM THE SCHOOL PREMISES OR OFF CAMPUS, same shall be provided free
by the government entity paying the salary of the teachers OR THE PRIVATE SCHOOL
EMPLOYER.

In regions where there is scarcity of medical facilities, teachers AND NON-
TEACHING PERSONNEL may obtain elsewhere the necessary medical care with the right
to be reimbursed for their traveling expenses by the government entity [concerned in the first
Paragraph of this Section] OR THE PRIVATE SCHOOL MANAGEMENT CONCERNED.

Sec. [23] 32. Compensation For Injuries. Teachers AND EMPLOYEES shall be protected
against the consequences of employment injuries in accordance with existing laws. The
effects of the physical and nervous strain on the teachers'[s] AND EMPLOYEES’ health
shall be recognized as a compensable occupational disease in accordance with existing
laws.

Sec. [26] 33. [Salary Increase upon] Retirement. [Public school] [{]Teachers AND NON-
TEACHING PERSONNEL WHO haveE[ing] futfilled the age and service requirements of the
applicable retirement laws shall be [given] GRANTED one range salary raise upon
retirement, which shall be the basis of the computation of the lump sum of the retirement pay
and the [monthly] CORRESPONDING benefits thereafter; PROVIDED, HOWEVER, THAT
THE RETIREMENT BENEFIT SHALL NOT BE LESS THAN ONE MONTH SALARY FOR
EVERY YEAR OF SERVICE.

Sec. 34. GRATUITY BENEFIT - THE TEACHERS AND NON-TEACHING PERSONNEL.
WHO CHOOSE TO RETIRE BEFORE REACHING THE COMPULSORY RETIREMENT
AGE OF 60 AND HAVE RENDERED NOT LESS THAN TWO (2) YEARS SERVICE
SHALL BE GRANTED GRATUITY BENEFIT EQUIVALENT TO ONE MONTH PAY FOR
EVERY YEAR OF SERVICE, CONFORMABLY TO THE PROVISION OF THE
IMMEDIATELY PRECEDING SECTION, THE COMPUTATION OF HIS GRATUITY
BENEFIT SHALL BE BASED ON THE SALARY SCALE OF ONE STEP HIGHER THAN
HIS POSITION AT THE TIME HE OPTED FOR OPTIONAL RETIREMENT.

Sec. 35. FACULTY PERSONNEL DEVELOPMENT PROGRAM - EVERY SCHOOL
SHALL UNDERTAKE A FACULTY/PERSONNEL DEVELOPMENT PROGRAM.

THE SCHOOL MANAGEMENT SHALL GRANT FELLOWSHIPS ON THE BASIS
OF OPEN COMPETITION. IT SHALL ENCOURAGE FACULTY MEMBERS AND
QUALIFIED NON-TEACHING PERSONNEL TO CONDUCT RESEARCH WORK,
PARTICIPATE IN SKILLS DEVELOPMENT AND KNOWLEDGE ENHANCHING
SEMINARS AND FORA, AND WHEN FEASIBLE, FINANCIAL SUPPORT SHALL BE
EXTENDED TO THEM ON THE BASIS OF MERIT.


[V. LEAVE AND RETIREMENT BENEFITS]

Sec. [24] 36. ACADEMIC AND FACULTY DEVELOPMENT. (A) Study Leave. - [In addition
to the leave privileges now enjoyed by teachers in the public schools, they] TEACHERS
AND NON-TEACHING EMPLOYEES shall be entitled to study leave not exceeding one
school year after seven years of service. Such leave shall be granted in accordance with a
schedule set by the Department of Education [CULTURE AND SPORTS]. During the period
of such leave, the teachers AND EMPLOYEES CONCERNED shall be entitled to [at least
sixty] ONE HUNDRED per cent of their monthly salary: Provided, however, That no teacher
OR EMPLOYEE CONCERNED shall be allowed to accumulate more than one year study
leave, unless he needs an additional semester to finish his thesis for a graduate study in
education or allied courses: Provided, further, That no compensation shall be due the
teacher OR EMPLOYEE CONCERNED afer the first year of such leave. In all cases, the
study leave period shall be [counted] CONSIDERED for seniority and pension purposes

The compensation allowed for one year study leave as herein provided shall be
‘subject to the condition that the teacher OR EMPLOYEE takes the regular study load and
passes at least seventy-five per cent of his courses. Study leave of more than one year may
be permitted by the Secretary of Education but SHALL NOT BE SUBJECT TO ANY
[without] compensation UNLESS OTHERWISE AGREED UPON BY THE PARTIES.

(B) STUDY GRANT AND FELLOWSHIP —- STUDY GRANTS AND FELLOWSHIPS
MAY BE GRANTED ON A FULL OR PARTIAL BASIS ADMINISTERED SYSTEM-WIDE
OR BY COLLEGES AND UNIVERSITIES. THE GRANTEE SHALL BE ENTITLED TO
SUBSIDY FOR MATRICULATION AND OTHER SCHOOL FEES, STIPEND, BOOKS AND
OTHER ALLOWANCES.

BOOK THREE
RESPONSIBILITIES AND ADMINISTRATIVE SANCTIONS

Sec. [7] 37. Code of Professional Conduct for Teachers. Within six months from the
approval of this Act, the Secretary of Education, IN CONSULTATION WITH THE
NATIONAL TEACHERS’ ORGANIZATIONS shall formulate and prepare a Code of
Professional Conduct for [Public School] Teachers. A copy of the Code shall be furnished
each teacher: Provided, however, That where this is not possible by reason of inadequate
fiscal resources of the Department of Education, at least three copies of the same Code
shall be deposited with the office of the school principal, [or] head teacher OR COLLEGE
DEAN where they may be accessible for use by the teachers

Sec. 38. DUTIES AND OBLIGATIONS OF NON-TEACHING PERSONNEL — THE
SCHOOL ADMINISTRATION SHALL SEE TO IT THAT DUTIES AND OBLIGATIONS OF
NON-TEACHING PERSONNEL ARE SPECIFICALLY DEFINED IN THEIR APPOINTMENT
PAPERS. NO EMPLOYEE SHALL BE HELD RESPONSIBLE FOR NON-PERFORMANCE
OF DUTIES AND OBLIGATIONS NOT CONTAINED IN THEIR APPOINTMENT.

Sec. 39. FACULTY/PERSONNEL MANUAL - A FACULTY/PERSONNEL MANUAL
SHALL BE CREATED BY THE SCHOOL ADMINISTRATION WITH PRIOR
CONSULTATION AND ACTIVE PARTICIPATION TEACHERS AND EMPLOYEES’
ORGANIZATIONS. SUCH MANUAL SHALLL BE SUBMITTED FOR APPROVAL OF THE
FACULTY AND PERSONNEL PRIOR TO ITS IMPLEMENTATION. SUCH MANUAL
SHALL CONTAIN INFORMATION AND POLICIES ON ALL MATTERS PERTAINING TO
THE FACULTY AND NON-TEACHING PERSONNEL, A COPY OF WHICH SHALL BE
FURNISHED FREE TO ALL FACULTY MEMBERS AND EMPLOYEES.


CHAPTER II
ADMINISTRATIVE SANCTIONS

Sec. [8] 40. Safeguards in Disciplinary Procedure. Every teacher OR EMPLOYEE shall
enjoy equitable safeguards at each stage of any disciplinary procedure and shall have

a. the right to be informed, in writing, of the charges AGAINST HIM:
b. the right to CONFRONT WITNESSES AGAINST HIM AND TO full access
to the evidence in the case;
c. the right to defend himself and to be defended by a representative of his
choice and/or by his organization, adequate time being given to the teacher
OR EMPLOYEE for the preparation of his defense; and
d. the right to appeal to clearly designated authorities.

No publicity shall be given to any disciplinary action being taken against a teacher
OR EMPLOYEE during the pendency of his case, WITHOUT HIS CONSENT

TEACHERS’ AND EMPLOYEES’ ORGANIZATIONS SHALL BE CONSULTED
WHEN THE MACHINERY TO DEAL WITH DISCIPLINARY MATTERS IS ESTABLISHED.
SUCH MATTERS SHALL BE CONTAINED IN THE FACULTY OR PERSONNEL MANUAL
AS PROVIDED UNDER 44 OF THIS ACT.

Sec. [9] 41. Administrative Charges. Administrative charges against a teacher shall be heard
initially by a committee composed of the corresponding School Superintendent of the
Division or a duly authorized representative who should at least have the rank of a division
supervisor, where the teacher belongs, as chairman, a representative of the local or, in its
absence, any existing provincial or national teacher's organization and a supervisor of the
Division, the last two to be designated by the Director of Public Schools. The committee shall
submit its findings and recommendations to the Director of Public Schools within thirty days
from the termination of the hearings: Provided, however, That where the school
superintendent is the complainant or an interested party, all the members of the committee
shall be appointed by the Secretary of Education

TEACHERS’ AND EMPLOYEES’ ORGANIZATIONS SHALL HAVE A
REPRESENTATIVE IN ANY COMMITTEE OR BODY THAT SHALL HEAR
ADMINISTRATIVE CHARGES AGAINST A TEACHER OR EMPLOYEE.

[Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all steps to
enable married couples, both of whom are public school teachers, to be employed in the
same locality,]

BOOK FOUR
MISCELLANEOUS PROVISIONS

CHAPTER 1
SELF-ORGANIZATION AND OTHER RIGHTS

Sec. [27] 42. [Freedom] RIGHT to SELF-Organize. Public school teachers shall have the
right to freely and without previous authorization both to establish and to join organizations of
their choosing, whether local or national to further and defend their interests.

[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.]


Sec. [28] 43. Discrimination Against Teachers AND EMPLOYEES Prohibited. The right[s]
established in the immediately preceding Section shall be exercised without any interference
or coercion. It shall be unlawful for any person to commit any acts of discrimination against
teachers AND EMPLOYEES which are calculated to (a) make the employment of a teacher
OR EMPLOYEE subject to the condition that he shall not join an organization, or shall
relinquish membership in an organization, (b) [to] cause the dismissal of or otherwise
prejudice a teacher OR EMPLOYEE by reason of his membership in an organization or
because of participation in organization activities outside school hours, or with the consent of
the proper school authorities, within school hours, and (c) to prevent him from carrying out
the duties laid upon him by his position in the organization, or to penalize him for an action
undertaken in that capacity

Sec. 44. PARTICIPATION IN POLICY-MAKING PROCESS - TEACHERS’ AND
EMPLOYEES’ ORGANIZATIONS IN STATE UNIVERSITIES AND COLLEGES AS WELL
AS EDUCATIONAL FOUNDATIONS AND NON-STOCK, NON-PROFIT SCHOOLS SHALL
HAVE THE RIGHT TO BE REPRESENTED IN THE BOARD OF TRUSTEES/REGENTS
OF SAID SCHOOLS, COLLEGES AND UNIVERSITIES.

[VI TEACHER'S ORGANIZATION]

[Sec. 29. National Teacher's Organizations] National teachers’ AND EMPLOYEES’
organizations shall [be consulted] ACTIVELY PARTICIPATE in the formulation of national
educational policies and professional standards, [and in the formulation] of national policies
governing the social security of the teachers.

NATIONAL TEACHERS’ AND EMPLOYEES’ ORGANIZATIONS SHALL HAVE
THE RIGHT TO NEGOTIATE FREELY AND DIRECTLY WITH NATIONAL PRIVATE
SCHOOL-OWNERS’ ORGANIZATIONS AND/OR THROUGH A LABOR ADVISORY
CONSULTATIVE COUNCIL FOR TEACHERS AND EMPLOYEES.

Sec. 45. STRIKE, PICKETING AND OTHER CONCERTED ACTIVITIES. — THE RIGHT OF
TEACHERS’ AND EMPLOYEES’ ORGANIZATIONS TO STRIKE AND OTHER
CONCERTED ACTIVITIES SHALL CONTINUE TO BE RECOGNIZED AND UPHELD.

CHAPTER II
[VIl. ADMINISTRATION AND ENFORCEMENT]

Sec. [30] 46. IMPLEMENTING Rules and Regulations. The Secretary of Education shall
formulate and prepare, IN CONSULTATION WITH NATIONAL TEACHERS’ AND
EMPLOYEES’ ORGANIZATIONS the necessary rules and regulations to implement the
provisions of this Act. [Rules and regulations issued pursuant to this Section shall take effect
thirty days after publication in a newspaper of general circulation and by such other means
as the Secretary of Education deems reasonably sufficient to give interested parties general
notice of such issuance.]

Sec. 47. OUTRIGHT CLOSURE OF SCHOOLS PROHIBITED. —- EDUCATION BEING
VESTED WITH PUBLIC INTEREST, NO SCHOOL MANAGEMENT SHALL BE ALLOWED
TO CEASE FROM ITS OPERATIONS EXCEPT UPON VALID AND JUST GROUNDS AS
MAY BE DETERMINED BY THE DEPARTMENT OF EDUCATION.

IN CASE OF VALID CLOSURE, THE SAME SHALL BE EFFECTED THROUGH
PROGRAMMED PHASE OUT, DURING WHICH TIME, DETERMINATION SHALL BE


MADE ON WHETHER OR NOT OPERATIONS OF THE SCHOOLS MAY BE
SUCCESSFULLY RESTORED OR BE PERMANENTLY CLOSED.

Sec. 48. LAY-OFFS OR RETRENCHMENTS — NO LAY-OFF OR RETRENCHMENT
SHALL BE EFFECTED BY ANY SCHOOL MANAGEMENT UNLESS THE SAME IS
FOUND VALID AND JUSTIFIED AFTER A THOROUGH REVIEW AND ANALYSIS OF ITS
FINANCIAL STATUS TO BE JOINTLY UNDERTAKEN BY THE SCHOOL MANAGEMENT
AND THE TEACHERS’ AND EMPLOYEES’ ORGANIZATIONS CONCERNED.

CHAPTER Ill
PENAL AND FINAL PROVISIONS

[Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress
annually the necessary budgetary estimates to implement the provisions of the Act
concerning the benefits herein granted to public school teachers under the employ of the
National Government]

Sec. [32] 49. Penal Provision. ANY [A] person who shall wilfully interfere with, restrain or
coerce any teacher OR EMPLOYEE in the exercise of his rights guaranteed by this Act or
who shall in any other manner commit any act to defeat any [of the] provisions of this Act
shall, upon conviction, be punished by a fine of not less than [one hundred] FIFTY
THOUSAND pesos nor more than one HUNDRED thousand pesos, or by imprisonment
FOR NOT LESS THAN ONE YEAR AND ONE DAY NOR MORE THAN FIVE YEARS, OR
BOTH SUCH FINE AND IMPRISONMENT AT [in] the discretion of the court.

If the offender is AN EDUCATIONAL INSTITUTION, OR ANY JURIDICAL
PERSON, THE PENALTY SHALL BE IMPOSED UPON THE PRESIDENT, TREASURER,
SECRETARY OR ANY RESPONSIBLE OFFICER OF SAID INSTITUTION. IF THE
OFFENDER IS a pubiic [officiall OFFICER OR EMPLOYEE, the court shall, IN ADDITION
TO THE PENALTIES HEREINABOVE PROVIDED, order his dismissal from the
Government service.

Sec. 50. TEACHING OF MAGNA CARTA — THE TEACHING OF THIS ACT SHALL BE
MADE COMPULSORY IN ALL SCHOOLS OFFERING COURSES IN EDUCATION.

Sec. 51. APPROPRIATIONS — INITIAL EXPENDITURE FOR THE IMPLEMENTATION OF
THIS MAGNA CARTA SHALL BE SOURCED FROM SAVINGS IN THE BUDGET OF THE
DEPARTMENT OF EDUCATION. THEREAFTER, SUCH SUM NECESSARY FOR ITS
CONTINUED IMPLEMENTATION SHALL BE INCLUDED IN THE GENERAL
APPROPRIATIONS ACT.

Sec. [33] 52. Repealing Clause. All Acts or parts of Acts, executive orders and their
implementing rules inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

Sec. [34] 53. Separability Clause. If any provision of this Act is declared invalid, the
remainder of this Act or any provisions not affected thereby shall remain in force and in
effect.

Sec. 54, EFFECTIVITY — THIS ACT SHALL TAKE EFFECT UPON ITS APPROVAL.

Approved,