SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
Senate Bill No. 
2336 
Introduced by SENATOR CYNTHIA A. VILLAR 
AN ACT 
'14 
(\UG -4 
['.11 :06 
GRANTING THE MAGNA CARTA FOR DAY CARE WORKERS, PROVIDING FUNDS 
THEREFOR AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
Section 3 (2), Article XV of the 1987 Philippine Constitution states that: 
"The State shall defend the right of children to assistance, including 
proper care and nutrition, and special protection from all forms of neglect, abuse, 
cruelty, exploitation and other conditions prejudicial to their development." 
Likewise, in recognizing the role of the youth in nation-building, the State has declared it 
its policy to promote and protect their physical, moral, spiritual, intellectual, and social well-
being.1 It is with this mindset that Republic Act No. 6972, otherwise known as the "Barangay -
Level Total Development and Protection of Children Act" and Republic Act No. 8980, otherwise 
known as "Early Childhood Care and Development (ECCD) Act" were promulgated. 
R.A. No. 6972 concretized the State's recognition of the important role played by Day 
Care Centers in the development of the country's pre-school Children while R.A. No. 8980 
enhances this policy even further by institutionalizing a National System for Early Childhood 
Care and Development (ECCD) that is comprehensive, integrative and sustainable, that 
involves multi-sectoral and inter-agency collaboration at the national and local levels among 
government; among service providers, families and communities; and among the public and 
private sectors, nongovernment organizations, professional associations, and academic 
institutions. 
Relative to these, considering the role that those at the Day Care Centers, the day care 
workers, play in molding the character and personality of the children entrusted to them, there is 
thus a need to address their welfare and the conditions of work provided them. 
This bill thus guarantees to them security of tenure and provide them with the proper 
compensation befitting the status and role they perform. As they are charged with the 
responsibility of providing our children not only with pre-school training but a second family 
environment, our Day Care Workers should be supported in the best way the State could. 
In view of the above premises, approval of this bill is earnestly sought. 
1 Section 13, Article II of the 1987 Philippine Constitution 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 
2336 
Introduced by SENATOR CYNTHIA A. VILLAR 
1 
AN ACT 
'14 
AUG -4 Iii 1 :06 
2 
GRANTING THE MAGNA CARTA FOR DAY CARE WORKERS, PROVIDING FUNDS 
3 
THEREFOR AND FOR OTHER PURPOSES 
4 
Be it enacted by the Senate and the House of Representatives in Congress 
5 
assembled: 
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SECTION 1. Title. - This Act shall be known as the "Magna Carta for Day Care 
7 
Workers". 
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SEC. 2. Declaration of State Policy. - The State recognizes the vital role of 
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children and the youth in nation-building and shall promote and protect their physical, 
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moral, spiritual, intellectual, and social well-being. Towards this end, it is the State's 
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policy to promote and improve the social well-being and economic welfare of day care 
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workers who provide pre-school education and social development service to the 
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children. The State shall likewise adopt policies that will protect the rights and enhance 
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the dignity of day care workers. 
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SEC. 3. Coverage. - This Act shall cover all persons engaged in the provision of 
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Early Child Development in government-sponsored day care centers whose primary 
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function is to assist in the provision of care, social development, education and other 
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needs of the children 
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SEC. 4. Qualification. - A Day Care Worker must be of legal age, possesses at 
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least a career sub-profession eligibility and must have training in Early Childhood Care 
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and Development, Provided, however, that an incumbent day care worker who has 
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been serving for the last five (5) years upon approval of this Act and who does not meet 
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the prescribed educational qualification standard shall not be disqualified, Provided, 
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further, that such day care worker shall complete the Day Care Worker training course 
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provided by Department of Social Welfare and Development (DSWD) within one (1) 
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year from the effectivity of this Act 
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SEC. 5. Recruitment. - A qualified Day Care Worker shall file his/her application 
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with the local government unit concerned. Under no circumstances shall an applicant for 
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the position of Day Care Worker be discriminated against on the basis of gender, 
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religion, age, status, race or political affiliation. 
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SEC. 6. Salary. - A qualified Day Care Worker shall receive a salary equivalent 
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to: 
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Level 1 -
High School graduate level to below second year 
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college and length or service of at least five (5) years shall receive the 
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salary equivalent to salary grade 6; 
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Level 2 - Second year college level shall receive salary eqUivalent 
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to salary grade 8; and 


Level 3 - College graduate level shall receive salary equivalent to 
2 
salary grade 10. 
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SEC. 7. Working Hours. - A qualified Day Care Worker is required to render 
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eight (8) working hours a day or a total of forty (40) working hours a week, Provided, 
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that the municipal social welfare officer may require a Day Care Worker to render 
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services beyond his/her required working hours during emergency situations such as 
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natural and manmade calamities. 
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SEC. 8. Additional Compensation and Allowances. - Qualified Day Care Workers 
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shall be provided additional compensation for services rendered beyond the required 
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working hours. 
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Day Care Workers assigned to hazardous places shall be given hazard pay. 
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SEC. 9. Married Day Care Workers. - Whenever possible, married couples who 
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are both Day Care Workers shall be assigned in the same municipality or city. 
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SEC. 10. Transfer and Tenure of Office. -
No Day Care Worker shall be 
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transferred from one center to· another without his/her prior knowledge and/or consent. 
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As provided under existing laws, no Day Care Worker shall be terminated from work 
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without due cause. 
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SEC. 11. Leave Benefits. - As provided for in existing laws, a Day Care Worker 
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is entitled to maternity/paternity, sick, and vacation leaves. Day Care Workers with 
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outstanding performance based on evaluation may avail of study leave. 
2l 
SEC. 12. Free Medical Examination and Treatment. -
Pre-employment and 
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annual medical examinations shall be provided by government hospitals, free of charge,. 
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to all Day Care Workers. Day Care Workers suffering from work-related ailments shall 
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be treated free of charge in government hospitals. 
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SEC. 13. Insurance and Retirement Benefits. - Qualified Day Care Workers shall 
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automatically become members of the Government Service Insurance System (GSIS). 
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Day Care Workers, having fulfilled service reqUirements of the applicable retirement 
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laws, shall be given a one-step salary grade increase upon retirement which shall be 
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the basis of computation of retirement pay and other retirement benefits. 
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SEC. 14. Freedom to Organize. - Day Care Workers shall have the freedom to 
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organize themselves without prior communications with the local government units to 
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which they are assigned. Organizations of Day Care Workers shall be consulted in the 
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formulation of national policies and programs that will benefit the sector. Under no 
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circumstance shall any Day Care Worker be dismissed on the basis of hislher 
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membership in any organization of Day Care Workers. 
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SEC. 15. Code of Conduct for Day Care Workers. - Within six (6) months upon 
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approval of this Act, the Department of Social Welfare and Development (DSWD), in 
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consultation with the national organization of Day Care Workers, shall formulate a Code 
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of Conduct for Day Care Workers. Each Day Care Worker shall be provided a copy of 
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the Code. 
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SEC. 16. Support from Non-Government Organizations. -
Non-government 
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organizations or private volunteer organizations are hereby encouraged to assist the 
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government in the implementation of programs and projects for Day Care Workers. 
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SEC. 17. Implementing Rules and Regulations. - The Department of Interior and 
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Local Government (DILG) and DSWD, in conSUltation with the Civil Service Commission 
46 
(CSC) and the national organization of Day Care Workers shall formulate the rules and 
2 


regulations necessary to implement the provisions of this Act within six (6) months from 
2 
its effectivity. 
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SEC. 18. Appropriations. - Salaries and benefits of Day Care Workers shall be 
4 
charged to the local government units concerned. Training needs of Day Care Workers 
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shall be charged to the annual appropriations of the DSWD. 
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SEC. 19. Penal Provisions. - Any person who violates the prOVisions of this Act 
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shall be punished with a fine of not less than Five Thousand Pesos (P5,OOO.OO) and/or 
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imprisonment of not less than two (2) months but not more than one (1) month, or both 
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at the discretion of the Court. 
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If the offender is a public official, he/she shall, in addition to the penalties stated 
11 
above, be dismissed from government service. 
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SEC. 20. Separability Clause. - If any provision or part hereof, is held invalid or 
13 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
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remain valid and subsisting. 
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SEC. 21. Repealing Clause. - All laws, decrees, executive orders, and rules and 
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regulations inconsistent with this Act are hereby repealed or modified accordingly 
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SEC. 22. Effectivity. -
This Act shall take effect fifteen (15) days after its 
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publication in the Official Gazette or in any newspaper of general circulation. 
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Approved, 
3