NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
Senate
ti)P #'rr,rp[nrj’
72 JUL-4 A 8 28
SENATE 
S. No.____ 2.
MKEIVcOR:
Introduced by Senator Loren B. Legarda
THE MAGNA CARTA OF PUBLIC SCHOOL TEACHERS 
EXPLANATORY NOTE
Section 5, paragraph 5 of Article XIV of the 1987 Constitution provides that, "The 
State shall assign the highest budgetary priority to education and ensure that teaching 
will attract and retain its rightful share of the best available talents through adequate 
remuneration and other means of job satisfaction and fulfillment/'
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. 4670 or the Magna Carta for Public School Teachers.
As of school year 2020-2021, there are 514,099 elementary school teachers, 288,687 
junior high school teachers and 74,056 senior high school teachers.1
To stress their importance to society, teachers are given substitute and special parental 
authority under our laws. In law, the principle in loco parentis means "in place of the 
parent." It is also defined as being "charged factitiously with a parent's rights, duties, 
and responsibilities." Teachers assume the status of a child's parents in school
1 Historical Number of Teachers in all Levels of Edueation (Public). Retrieved from 
https://www.depcd.gov.ph/altcmative-learning-systcm/rcsourccs/facts-and-rigurcs/datascts/


and wield as much power as is necessary to carry out their responsibilities, i.e., to 
educate the child.
To truly create an empowered and globally competitive people that will help 
establish, maintain, and support a complete, adequate, and integrated system of 
education relevant to the needs of the people and society, there must be greater 
increases in the salaries, benefits, and allowances of teachers.
This bill seeks to promote the professionalization of the teaching profession; 
guarantee broader protection with respect to their rights, benefits and leave as may 
provide by existing and pertinent laws; and heavier penalties for violation of any of 
the provisions of this measure.
It is imperative, therefore, that to attract the most competent and efficient to the 
teaching profession, government must provide compensation and benefits
In lieu of the foregoing, immediate passage of this bill is earnestly sought.
OREN LEGARDA


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
%
Senate
e( Uje fe)ractari>
72 JUL-4 A 8 28
SENATE 
S. No. 2
RECEIVED Wt
Introduced by Senator Loren B. Legarda
THE MAGNA CARTA OF PUBLIC SCHOOL TEACHERS
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled:
1 
I. PRELIMINARIES
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Section 1. The Title of Republic Act 4670 is hereby amended to read as "The
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Magna Carta OF Pubhc School Teachers."
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Sec. 2. Section 1 of the same Act is hereby amended to read as follows:
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Section 1. Declaration of Policy. It is hereby declared to be the
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policy of THE STATE to promote and improve the social and
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economic status of public school teachers, their living and
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working conditions, their terms of employment and career
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prospects in order that they may com pare favorably with existing
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opportunities in other walks of life, attract and retain in the
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teaching profession more people with the proper qualifications,
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it being recognized that advance in education depends on the
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qualifications and ability of the teaching staff and that education
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is an essential factor in the economic growth of the nation as a
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prod uctive inves tment of [vi tal] im portance.
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THE STATE SHALL ALSO RESPECT, PROMOTE, AND
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UPHOLD THE POLITICAL RIGHTS OF TEACHERS,
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CONSISTENT WITH THE INTERNATIONAL AND
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DOMESTIC LAW IDEAL THAT THE ECONOMIC AND
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SOCIAL RIGHTS OF PERSONS CAN ONLY BE SECURED
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SOCIAL RIGHTS OF PERSONS CAN ONLY BE SECURED 
THROUGH THE GENUINE OBSERVANCE OF CIVIL AND 
POLITICAL RIGHTS.
Sec. 3. Section 2 is hereby amended to read as follows:
Section 2. SHORT TITLE AND COVERAGE. - This Act shall be 
known as the "Magna Carta OF Public School Teachers" and 
shall apply to all public school teachers except those in the 
professorial staff of state colleges and universities.
As used in this Act, the term "teacher" shall mean all persons 
engaged in classroom teaching, in any level of instruction, on 
full-time basis, including guidance counselors, school 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. 
Sec. 4. Section 3 is hereby amended to read as follows:
Section 3. Recruitment and Qualification. Recruitment policy 
with respect to the selection and appointment of teachers shall be 
clearly defined by the Department of 
Education: Prouided, however, That effective upon the approval of 
this Act, the following shall constitute the minimum educational 
qualifications for teacher-applicants:
(1) 
FOR TEACHERS IN PRESCHOOL, A BACHELOR'S 
DEGREE IN EARLY CHILDHOOD EDUCATION (BECED) 
OR ITS EQUIVALENT;
(2) 
FOR TEACHERS IN THE ELEMENTARY GRADES, A 
BACHELOR'S DEGREE IN ELEMENTARY EDUCATION 
(BEED) OR ITS EQUIVALENT;
(3) FOR TEACHERS IN THE SECONDARY GRADES, A 
BACHELOR'S DEGREE IN SECONDARY EDUCATION OR 
ITS EQUIVALENT (BSED), OR A BACHELOR DEGREE IN


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ARTS AND SCIENCES WITH AT LEAST EIGHTEEN UNITS
IN PROFESSIONAL EDUCATION; AND
(4) FOR TEACHERS OF VOCATIONAL AND TWO-YEAR
TECHNICAL COURSES, A BACHELOR'S DEGREE IN THE
FIELD OF SPECIALIZATION OR ITS EQUIVALENT, WITH
AT LEAST EIGHTEEN UNITS IN PROFESSIONAL
EDUCATION:
Provided, further. That in the absence of applicants who possess 
the minimum educational qualifications as hereinabove provided, the 
SCHOOLS DIVISION 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 pubhc and every applicant shall be 
furnished with his OR HER score and rank in said examinations.
Sec. 5. Section 4 is hereby amended to read as follows:
Section 4. 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 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 
OR HER provisional appointment: PROVIDED, FURTHER, 
THAT THE SALARIES, BENEFITS, AND CONDITIONS OF


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WORK OF TEACHERS HIRED UNDER THIS SECTION 
SHALL BE THE SAME OR NOT LESS FAVORABLE AS THAT 
OF AN ENTRY-LEVEL TEACHER.
FOR PURPOSES OF THIS ACT, "EXIGENCIES OF SERVICE" 
REFERS TO A SITUATION WHERE EDUCATION SERVICE 
IS URGENTLY NEEDED AND WHERE ANY DELAY IN ITS 
EXECUTION AND DELIVERY WILL ADVERSELY AFFECT 
THE EFFECTIVE AND EFFICIENT DELIVERY OF THE 
SERVICE AND ITS OUTCOME. IN NO CASE SHALL THE 
EXIGENCIES OF THE SERVICE BE INVOKED FOR ANY 
PERSONNEL ACTION THAT WILL RESULT IN 
DIMINUTION OF RANK, STATUS, SALARIES, OR 
BENEFITS, OR IN ANY MANNER PREJUDICE A TEACHER.
Sec. 6. Section 5 is hereby amended to read as follows:
SEC. 5. Tenure of Office. - Stability on employment and security 
of tenure shall be assured teachers as provided under existing 
laws.
Subject to the provisions of Section three hereof, teachers appointed 
on a provisional status for lack of necessary civil service eligibility 
shall be extended permanent appointment for the position he or she 
is holding after having rendered at least ten years of continuous, 
efficient, and faithful service in such position.
NO PERMANENT TEACHER SHALL BE TERMINATED 
EXCEPT FOR A JUST CAUSE AND AFTER DUE PROCESS. A 
TEACHER WHO IS DISMISSED FROM SERVICE BUT LATER 
FOUND AS UNJUSTLY DISMISSED SHALL BE ENTITLED TO 
REINSTATEMENT AND BACK WAGES.
Sec. 7. Section 6 is hereby amended to read as follows:
Section 6. TRANSFER. - Except for cause and as herein otherwise 
provided, no teacher shall be transferred without his or her 
written consent from one station to another.
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Where the exigencies of the service require the transfer of a 
teacher from one station to another, such transfer may be effected 
by the SCHOOLS DIVISION SUPERINTENDENT who shall 
previously notify the teacher concerned of the transfer and the 
reason or reasons therefor. If the teacher believes there is no 
justification for the transfer, he OR SHE may appeal to the 
REGIONAL DIRECTOR WHO SHALL RENDER A 
DECISION IN WRITING WITHIN A NON-EXTENDIBLE 
PERIOD OF ONE WEEK UPON RECEIPT OF THE APPEAL. 
Pending the appeal and the decision thereon, THE transfer shall 
be held in abeyance: Provided, however, That no transfer shall be 
made three months before any local or national election; 
PROVIDED, TIN ALLY, THAT "STATION" UNDER THIS ACT 
SHALL MEAN THE SCHOOL WHERE THE TEACHER IS 
ASSIGNED.
Necessary transfer expenses of the teacher and his family shall be 
paid for by the government if his OR HER transfer is finally 
approved.
A TEACHER MAY ALSO TRANSFER UPON HIS OR HER 
WRITTEN REQUEST PURSUANT TO GROUNDS AND 
PROCEDURE UNDER PERTINENT LAWS AND RULES.
Sec. 8. Section 8 is hereby amended to read as follows:
Section 8. Safeguards in Disciplinary Procedure. - Every teacher 
shall enjoy equitable safeguards at each stage of any disciplinary 
procedure and shall have:
(1) 
the right to be informed, in writing, of the 
ALLEGATIONS AND THE GROUNDS FOR THEM;
(2) 
the right to full access to the evidence in the case;
(3) 
the right to defend himself OR HERSELF and to be 
defended by a representative of his OR HER choice, AND BY 
HIS OR HER UNION OR, IN THE ABSENCE THEREOF,


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organization, adequate time being given to the teacher for the 
preparation of his OR HER defense;
(4) 
THE RIGHT TO BE INFORMED IN WRITING OF THE 
DECISIONS REACHED AND THE REASONS FOR THEM; 
AND
(5) 
the right to appeal to clearly designated COMPETENT 
authorities OR BODIES.
No publicity shall be given to any disciplinary action being taken 
against a teacher during the pendency of his OR HER case. ALL 
RECORDS PERTAINING TO CASES AGAINST A TEACHER 
SHALL BE CONFIDENTIAL AND ALL PERSONS, PUBLIC 
OFFICIALS AND EMPLOYEES AND PRIVATE 
INDIVIDUALS, SHALL RESPECT THE RIGHT TO PRIVACY 
OF THE TEACHER.
PUBLIC SCHOOL TEACHERS SHALL HAVE THE RIGHT 
TO LEGAL COUNSEL AND EXPENSES TO BE PROVIDED 
BY THE DEPARTMENT OF EDUCATION FOR 
COMPLAINTS AND LAWSUITS IN RELATION TO THE 
PERFORMANCE AND CONDUCT OF THEIR TEACHING 
DUTIES AND RESPONSIBILITIES.
Sec. 9. Section 9 is hereby amended to read as follows:
Section 9, Administrative Charges. Administrative charges 
against a teacher shall be heard initially by a FORMAL 
INVESTIGATION committee composed of the corresponding 
SCHOOLS DIVISION SUPERINTENDENT or a duly 
authorized representative who should at least have the rank of a 
DIVISION SUPERVISOR WHERE THE TEACHER 
BELONGS, AS CHAIRPERSON, a representative of the 
UNION PURSUANT TO SECTION 37 HEREOF or, in its 
absence, any existing NATIONAL, provincial, MUNICIPAL, OR 
CITY teacher's organization, and a supervisor of the Division. 
The committee shall submit its findings and recommendations to


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the SECRETARY OF EDUCATION AS THE DISCIPLINING 
AUTHORITY within FIFTEEN (15) 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.
Sec. 10. Section 10 is hereby amended to read as follows:
Section 10. DISCRIMINATION PROHIBITED. - A PUBLIC 
SCHOOL TEACHER SHALL NOT BE DISCRIMINATED 
AGAINST WITH REGARD TO GROUNDS SUCH AS SEX, 
SEXUAL ORIENTATION, GENDER IDENTITY AND 
EXPRESSION, CIVIL STATUS, CREED, RELIGIOUS OR 
POLITICAL BELIEF OR AFFILIATION, ETHNIC 
GROUPINGS, OR ANALOGOUS REASONS. There shall be 
no discrimination whatsoever in entrance to the teaching 
profession, or during its exercise, or in the termination of services 
based on any ground other than professional consideration: 
PROVIDED, THAT UNDER NO CIRCUMSTANCE THAT 
THE LICENSE OF PUBLIC SCHOOL TEACHERS BE 
SUSPENDED, REVOKED, OR INVALIDATED FOR 
REASONS NOT RELATED TO THE PERFORMANCE OF 
THE TEACHING PROFESSION SUCH AS BUT NOT 
LIMITED TO NONPAYMENT OF OBLIGATIONS OR 
DEFAULT THEREIN AND PERSONAL CONFLICTS.
Sec. 11. A new Section 11 is hereby inserted after Section 10 to read as follows: 
Section 11. Gender Equality. - The State shall provide equal 
opportunities to women teachers and those of different gender 
identity and expression in teaching and school and department 
leadership.
Gender equality shall also be promoted among teachers through 
seminars and other programs and activities.


1 
Sec. 12. Sections 11 and 12 of the same Act are hereby renumbered as Section
2 
12 and 13, respectively.
3 
Sec. 13. Section 15 is hereby renumbered as Section 14 and amended to read
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as follows:
5 
Section 14. Criteria for Salaries. - Teachers' salaries shall
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[correspond to the following criteria]:
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(1) REFLECT THE IMPORTANCE TO SOCIETY OF THE
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TEACHING FUNCTION AND HENCE THE IMPORTANCE
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OF TEACHERS AS WELL AS THE RESPONSIBILITIES OF
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ALL KINDS WHICH FALL UPON THEM FROM THE TIME
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OF THEIR ENTRY INTO THE SERVICE;
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(2) [they shall] compare favorably with those paid in other
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occupations requiring equivalent or similar qualifications,
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training and abilities;
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(3) [they shall] be such as to insure teachers a reasonable
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standard of life for themselves and their famihes; and
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(4) 
[they shall] be properly graded so as to recognize the fact
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that certain positions require higher qualifications and greater
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responsibility than others: Provided, however, That the general
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salary scale shall be such that the relation between the lo west and
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highest salaries paid in the profession will be of reasonable order.
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Narrowing of the salary scale shall be achieved by raising the
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lower end of the salary scales relative to the upper end.
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Sec. 14. Section 16 is hereby renumbered as Section 15 and amended to read
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as follows:
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Section 15. Salary Scale. - Salary scales of teachers shall provide
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for a gradual progression from a minimum to a maximum salary
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by means of regular increments, granted automatically after three
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years: Provided, That the efficiency rating of the teacher
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concerned is at least satisfactory. [The progression from the
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minimum to the maximum of the salary scale shall not extend
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over a period of ten years.]


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Sec. 15. Section 17 is hereby renumbered as Section 16 and amended to read as
2 
follows:
3 
Section 16. Equality in Salary Scales AND BENEFITS. - The
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salary scales and benefits of teachers whose salaries are paid by a
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city, municipal, [municipal district,] or provincial government
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shall not be less than those provided for teachers of the national
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government.
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Sec. 16. Sechon 18 is hereby renumbered as Section 17 and amended to read as
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follows:
10 
Section 17. Cost of living Allowance. - Teachers' salaries shall,
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at the very least, keep pace with the rise in the cost of living by
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the payment of a cost-of-living allowance which shall
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automatically follow changes in a cost-of-living index. The
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Secretary of Education shall, in consultation with the proper
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government entities, recommend to Congress, at least annually,
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the appropriation of the necessary funds for the cost-of-living
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allowances of teachers employed by the National Government.
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The determination of the cost-of-living allowances by the
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Secretary of Education shall, upon approval of the President of
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the Philippines, be binding on the city, municipal or provincial
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government, for the purposes of calculating the cost-of-living
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allowances of teachers under THE EMPLOY OF THE LATTER.
23 
Sec. 17. A new Section 18 is hereby inserted after the renumbered Section 17 to
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read as follows:
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Section 18. Protection from Out-of-Pocket Expenses. - No
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teacher shall be required to pay out of their personal finances for
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materials, facilities, services, or any other objects or activities
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necessary and related to the performance of their duties.
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Sec. 18. Section 20 is hereby renumbered as Section 19 and amended to read as
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follows:
31 
Section 19. Salaries to be Paid in Legal Tender. - Salaries of
32 
teachers shall be paid in legal tender of the Philippines or its


1 
equivalent in checks [or treasury warrants]: Provided, however,
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That such checks [or treasury warrants] shall be cashable in any
3 
national, provincial, city or municipal treasurer's office or any
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banking INSTITUTION operating under the laws of the
5 
Republic of the Philippines.
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Sec. 19. Section 21 is hereby renumbered as Section 20 and amended to read as
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follows:
8 
Sec. 20. Deductions Prohibited. - No person shall make any
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deduction whatsoever from the salaries of teachers except under
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specific authority of law authorizing such deductions: Provided,
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however. That upon written authority executed by the teacher
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concerned, (1) LAWFUL DUES AND FEES OWING TO
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TEACHERS' UNIONS, (2) lawful dues and fees owing to the
14 
Philippine Public School Teachers' Association, and (3)
15 
premiums properly due on insurance policies, shall be
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considered deductible; PROVIDED, HOWEVER, THAT
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DEDUCTIONS UNDER THE SALARY DEDUCTION
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SCHEME SHALL NOT BE CHARGED WITH
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COMPOUNDED INTERESTS AND PENALTIES.
20 
Sec. 20. Section 19 is hereby renumbered as Section 21 and amended to read as
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follows:
22 
Section 21. Special Hardship Allowances. - TEACHERS
23 
EXPOSED TO HARDSHIP OR EXTREME DIFFICULTY IN
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THE PLACE OF WORK, TEACHERS ASSIGNED TO
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HANDLE MULTI-GRADE CLASSES, MOBILE TEACHERS,
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AND ALTERNATIVE LEARNING SYSTEM (ALS)
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COORDINATORS shall be compensated special hardship
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allowances BASED ON THE CRITERIA PRESCRIBED BY THE
29 
DEPARTMENT: PROVIDED,
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(1) THAT PRIORITY SHALL BE GIVEN TO TEACHERS
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ASSIGNED TO HARDSHIP POSTS CHARACTERIZED BY
32 
HAZARDS TO LIFE AND HEALTH, A STATE OF
10


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CALAMITY, TRANSPORT INACCESSIBILITY OR
2 
INCONVENIENCE, AND OTHER HAZARDS PECULIAR TO
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THE PLACE OE EMPLOYMENT; AND
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(2) THAT THE AGGREGATE AMOUNT OF
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ALLOWANCE TO BE GIVEN TO SAID TEACHERS SHALL
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NOT BE LESS THAN TWENTY-FIVE PERCENT OF THEIR
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TOTAL BASIC PAY SALARY FOR THE YEAR.
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Sec. 21. Section 13 is hereby renumbered as Section 22 and amended to read as
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follows:
10 
Section 22. Teaching Hours. - NO TEACHER ENGAGED IN
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ACTUAL CLASSROOM INSTRUCTION SHALL BE
12 
REQUIRED TO RENDER MORE THAN FOUR hours of actual
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classroom teaching a day, which shall be so scheduled as to give
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him OR HER time for the preparation and correction of exercises
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and other work incidental to his OR HER normal teaching duties:
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Provided, however, That where the exigencies of the service so
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require, a teacher may be required to render more than FOUR
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hours but not exceeding eight hours of actual classroom teaching
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a day upon payment of additional compensation at the same rate
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as his OR HER regular remuneration plus at least twenty-five per
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cent of his OR HER basic pay.
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Sec. 22. A new Section 23 is hereby inserted after the renumbered Section 22 to
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read as follows:
24 
Section 23. Assignment of Work Not Related to Teaching
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Prohibited. - To prevent teachers from being overtaxed and to
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enable them to focus on instruction and thus ensure the delivery
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of quality education, no teacher shall be assigned work or
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activities not related to teaching. For this purpose, the
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department shall fill up all non-teaching positions and, with the
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department of budget and management, endeavor to meet ideal
31 
ratios between teaching and non-teaching positions.
32 
Sec. 23. A new Section 24 is hereby inserted after Section 23 to read as follows:
11


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Section 24. Substitute Teachers. - When an incumbent teacher is
2 
on maternity, paternity, parental, study, or extended leave, the
3 
Department shall hire a temporary replacement for the duration
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of the incumbent teacher's leave. A substitute must be qualified
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for at least temporary appointment.
6 
Sec. 24. Section 14 is hereby renumbered as Section 25 and amended to read
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as follows:
8 
Section 25. Additional Compensation. - Notwithstanding any
9 
provision of existing law to the contrary, co-curricular and out-
10 
of-school activities and any other activities outside of what is
11 
defined as normal duties of any teacher shall be paid an
12 
additional compensation of at least twenty-five per cent of his OR
13 
HER regular remuneration after the teacher has completed at
14 
least FOUR hours of actual classroom teaching a day.
15 
In the case of other teachers or school officials not engaged in
16 
actual classroom instruction, any work performed in excess of
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eight hours a day shall be paid an additional compensation of at
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least twenty-five per cent of their regular remuneration.
19 
The agencies utilizing the services of teachers shall pay the
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additional compensation required under this Section. The
21 
SECRETARY OF EDUCATION shall refuse to allow the
22 
rendition of services of teachers for other government agencies
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without the assurance that the teachers shall be paid the
24 
remuneration provided for under this Section.
25 
THIS SECTION SHALL BE WITHOUT PREJUDICE TO LAWS
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AND RULES PROVIDING FOR HIGHER COMPENSATION
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OR FOR VOLUNTARY SERVICE OF TEACHERS.
28 
Sec. 25. A new Section 26 is hereby inserted after the renumbered Section 25 to
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read as follows:
30 
Section 26. Conducive Working Conditions Ensured. - The State
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shall ensure that public school teachers have humane working
32 
conditions in their places of assignment For this purpose, the
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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. 26. A new Section 27 is hereby inserted after Section 26 to read as follows: 
Section 27. No Understaffing and Overloading of Teachers. - 
There shall no understaffing and overloading of public school 
teachers. Teacher-to-student ratios shall be such as to reasonably 
effect sustained delivery of quality education at all times without 
overworking the public school teacher and overextending his or 
her duty and service.
Sec. 27. A new Section 28 is hereby inserted after Section 27 to read as follows: 
Section 28. Protection from Unregulated Class Sizes. - Teachers 
are entitled to protection from unmanageable class sizes as well 
as to compensation commensurate to their actual workload. To 
this end, the Department shall determine the standard class sizes 
for each grade level in accordance with international norms and 
the corresponding honorarium for teachers handling large 
classes.
Sec. 28. A new Section 29 is hereby inserted after Section 28 to read as follows: 
Section 29. Teacher Protection. - The Department shall 
institutionalize support mechanisms and protection for public 
school teachers in matters of student discipline or classroom 
management, to the end of fostering a positive school climate and 
safe environment conducive to instruction and learning and 
permissible, appropriate, and effective responses and 
interventions that will address violation of school rules and 
regulations. To this end, the Department, in consultation with 
public school teachers, shall promulgate rules on the rights and 
responsibilities of teachers; permissible, appropriate, and 
effective responses and interventions that will address violation 
of school rules and regulations; among others.
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Any act committed by a teacher pursuant to the disciplinary rules 
and procedures issued by the department shall not be deemed as 
child abuse, cruelty, or exploitation as defined in Republic Act 
7610 or the Special Protection of Children against Abuse, Exploita tion 
and Discriniination Act.
Sec. 29. Section 22 is hereby renumbered as Section 30 and amended to read as
follows:
Section 30. FREE Medical Examination and Treatment. - 
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. Where medical examination, INCLUDING 
MENTAL HEALTH EXAMINATION, shows that medical 
treatment and/or hospitalization is necessary, the same shall be 
provided free by the government [entity paying the salary of the 
teachers].
In regions where there is scarcity of medical facilities, teachers 
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].
Sec. 30. Section 23 is hereby renumbered as Section 31.
SEC. 31. Section 24 is hereby renumbered as Section 32 and amended to read as
follows:
Section 32. Study Leave. - In addition to the leave privileges now 
enjoyed by teachers in [the] public schools, they shall be entitled 
to study leave not exceeding one school year after THREE years 
of service. [Such leave shall be granted in accordance with a 
schedule set by the Department of Education.] During the period 
of such leave, the teachers shall be entitled to at least EIGETTY 
per cent of their monthly salary: Provided, however. That no 
teacher shall be allowed to accumulate more than one year study 
leave, unless he OR SHE needs an additional semester to finish
14


1 
his OR HER thesis for a graduate study in education or allied
2 
courses: Provided, further. That no compensation shall be due the
3 
teacher after the first year of such leave. In all cases, the study
4 
leave period shall be counted for seniority and pension purposes.
5 
The compensation allowed for one year study leave as herein
6 
provided shall be subject to the condition that the teacher takes
7 
the regular study load and passes at least seventy-five per cent of
8 
his OR HER courses. Study leave of more than one year may be
9 
permitted by the Secretary of Education but without
10 
compensation.
11 
Sec. 32. Section 25 is hereby renumbered as Section 33 and amended to read as
12 
follows:
13 
Section 33. Indefinite SICK Leave. - An indefinite sick leave of a
14 
absence shall be granted to teachers when the nature of the
15 
illness demands a long treatment that will exceed one year at the
16 
least.
17 
Sec. 33. Section 26 is hereby renumbered as Section 34.
18 
Sec. 34. Section 27 is hereby renumbered as Section 35.
19 
Sec. 35. Section 28 is hereby renumbered as Section 36 and amended to read as
20 
follows:
21 
Section 36. Discrimination Against Teachers Prohibited. - The
22 
rights established in the immediately preceding Section shall be
23 
exercised without any interference or coercion. It shall be
24 
unlawful for any person to commit any acts of discrimination
25 
against teachers which are calculated to (a) make the employment
26 
of a teacher subject to the condition that he OR SHE shall not join
27 
an organization, or shall relinquish membership in an
28 
organization, (b) to cause the dismissal of or otherwise prejudice
29 
a teacher by reason of his OR HER membership in an
30 
organization or because of participation in its activities [outside
31 
school hours, or with the consent of the proper school authorities,
32 
within school hours], and (c) to prevent him OR HER from
15


1 
carrying out the duties laid upon him OR HER by his OR HER
2 
position in the organization, or to penalize him OR HER for an
3 
action undertaken in that capacity.
4 
Sec. 36. Section 29 is hereby renumbered as Section 37 and amended to read as
5 
follows:
6 
Section 37. [National] Teachers' Organizations. - National
7 
teachers' organizations shall be consulted in the formulation of
8 
national educational policies and professional standards, and in
9 
the formulation of national policies governing the social security
10 
of the teachers.
11 
UNIONS OF PUBLIC SCHOOL TEACHERS WHICH ARE
12 
GRANTED THE STATUS AS SOLE AND EXCLUSIVE
13 
NEGOTIATING AGENT (SENA) SHALL HAVE THE RIGHT
14 
TO REPRESENT ALL PUBLIC SCHOOL TEACHERS IN
15 
THEIR RESPECTIVE NEGOTIATING UNITS IN
16 
NEGOTIATIONS WITH THE DEPARTMENT FOR TERMS
17 
AND CONDITIONS OF EMPLOYMENT OR
18 
IMPROVEMENTS THEREOF, EXCEPT THOSE THAT ARE
19 
FIXED BY LAW. FOR THE PURPOSES OF THIS ACT, THE
20 
SENA REFERS TO ANY REGISTERED EMPLOYEES'
21 
ORGANIZATION WHICH HAS BEEN ACCREDITED BY
22 
THE CIVIL SERVICE COMMISSION AS THE
23 
NEGOTIATING AGENT OF ALL PUBLIC SCHOOL
24 
TEACHERS IN A GIVEN NEGOTIATING UNIT, IN
25 
ACCORDANCE WITH ITS PERTINENT RULES AND
26 
REGULATIONS.
27 
THE DEPARTMENT SHALL ACCORD THE SENA, AS WELL
28 
AS ITS OFFICERS AND MEMBERS, ALL RIGHTS AND
29 
BENEFITS NECESSARY AND PERTINENT TO THE
30 
PERFORMANCE OF ITS DUTIES AND FUNCTIONS, SUCH
31 
AS REPRESENTATION OF TEACHERS IN ALL BODIES FOR
16


1 
POLICY MAKING AND TRIBUNALS FOR THE DISCIPLINE
2 
OF TEACHERS, AMONG OTHERS.
3 
Sec. 37. A new Section 38 is hereby inserted after the renumbered Section 37 to
4 
read as follows:
5 
Section 38. Rights and Benefits of Teachers under Other Laws. -
6 
A teacher shall be accorded rights and benefits under other laws
7 
and rules on labor standards and relations, social security, among
8 
others, including but not limited to Republic Act 9710 or "The
9 
Magna Carta of Women," Republic Act 9262 or the "Anti-
10 
Violence against Women and their Children Act," and Republic
11 
Act 8792 or the "Solo Parents' Welfare Act of 2000," as they are
12 
applicable.
13 
Sec. 38. Section 30 is hereby renumbered as Section 39 and amended to read as
14 
follows:
15 
Section 39. Rules and Regulations. - THE DEPARTMENT, IN
16 
CONSULTATION WITH UNIONS AND ORGANIZATIONS
17 
OF PUBLIC SCHOOL TEACHERS, shall formulate and prepare
18 
the necessary rules and regulations to implement the provisions
19 
of this Act within sixty days after its effective date. Rules and
20 
regulations issued pursuant to this Section shall take effect thirty
21 
days after publication in a newspaper of general circulation and
22 
by such other means as the Secretary of Education deems
23 
reasonably sufficient to give interested parties general notice of
24 
such issuance.
25 
Sec. 39. Section 31 is hereby renumbered as Section 40 and amended to read as
26 
follows:
27 
Section 40. Budgetary Estimates. - The Secretary of Education
28 
shall submit to Congress annually the necessary budgetary
29 
estimates to implement the provisions of the Act concerning the
30 
MONETARY AND NON-MONETARY benefits herein granted
31 
to public school teachers under the employ of the National
32 
Government THE DUTY TO PRESENT THE ANNUAL
17


1 
FUNDING REQUIREMENTS FOR THE BENEFITS UNDER
2 
THIS ACT SHALL BE DISTINCT FROM THE
3 
PRESENTATION OF THE BUDGET OF THE DEPARTMENT
4 
AND THUS MAY BE FULFILLED DURING OR BEFORE THE
5 
DELIBERATIONS FOR THE ANNUAL GENERAL
6 
APPROPRIATIONS.
7 
Sec. 40. Section 32 is hereby renumbered as Section 41 and amended to read as
8 
follows:
9 
Section 41. Penal Provision - A person who shall willfully
10 
interfere with, restrain, or coerce any teacher in the exercise of his
11 
OR HER rights OR THE RIGHTS OF TEACHERS' UNIONS
12 
AND ORGANIZATIONS guaranteed by this Act, or who shall
13 
in any other manner commit any act to defeat any of the
14 
provisions of this Act shall, upon conviction, be punished by
15 
IMPRISONMENT OF NOT LESS THAN SIX MONTHS, OR a
16 
fine of not less than ONE HUNDRED THOUSAND PESOS
17 
BUT NOT MORE THAN TWO HUNDRED THOUSAND
18 
PESOS, OR BOTH, at the discretion of the court.
19 
If the offender is a public official, the court shall order his or her
20 
dismissal WITH PERPETUAL DISQUALIFICATION from
21 
government service. THIS PROVISION SHALL COVER THE
22 
ISSUANCE OF RULES CONTRARY TO THIS ACT OR
23 
WHICH LEAD TO THE DEFEAT OR DIMINUTION OF
24 
RIGHTS AND BENEHTS PROVIDED HEREIN.
25 
THE LIABILITIES UNDER THIS SECTION SFIALL BE
26 
WITHOUT PREJUDICE TO CIVIL AND ADMINISTRATIVE
27 
LIABILITIES AND OTHER PENAL LIABILITIES UNDER
28 
OTHER APPROPRIATE LAWS.
29 
Sec. 42. Separabiliti/ Clause. - If, for any reason, any provision of this Act is held
30 
unconstitutional, all other provisions not affected thereby shall continue to be in full
31 
force and effect
18


1 
Sec. 43. Repealing Clause. - All laws, decrees, rules and regulations, and other
2 
issuances inconsistent with this act are hereby repealed or modified accordingly.
3 
Sec. 44. Effective Date. - This Act shall take effect fifteen (15) days after its
4 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
19