Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2173

House Bill No.

INTRODUCED BY HONORABLE BERNADETTE “BH” HERRERA-DY

EXPLANATORY NOTE
Republic Act No. 6972, also known as the Barangay-level Total Development and
Protection of Children Act enacted in 1990. This law provides for the establishment of a day
care center in every barangay and seeks to institute a Total Development and Protection of
Children Program therein.

A decade after, Republic Act No. 8990, otherwise known as the Early Childhood Care
and Development (ECCD) Act was legislated. This measure promulgates a comprehensive
policy and national system for Early Childhood Care and Development.

Both measures promote and defend the rights of children, protect them against all forms
of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development. The
measures accord special protection to children with full recognition of the nature of childhood
and their special need.

More importantly, both measures recognize the stage of childhood, from birth to six (8)
years of age, as critical to development. This is basically the essence of both laws. Itis in this
light that day care workers play a central role.

Day care workers cater to millions of children, and also their families. For
underprivileged Filipino families, having the option of government day care centers, which
require litle contribution, is a big help. Day care workers tend to the needs of children, while
their parents are able to attend to other equally important chores.

In spite the immensity of their work, they are receiving a measly Five Hundred Pesos (Php500)
per month, an amount not even sufficient for their everyday needs. However, their willingness to
work as volunteers should not be abused. It is not by choice but by necessity, and at times for
their subsistence.

The government, in light of the institutionalization of the ECCD, should finally make day
care workers regular government employees.

By guaranteeing the rights of the day care workers to security of tenure, humane
working conditions and a living wage, the State would be contributing to the improvement of the


quality of early childhood care and education, thereby upholding its mandate to defend and
protect children’s rights as well as guaranteeing the rights of all its workers.

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

Hon. Bepfadette Herffa-Dy


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 2173

INTRODUCED BY HONORABLE BERNADETTE “BH”HERRERA-DY

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

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “Magna Carta of Day Care
Workers".

SECTION 2. Declaration of State Policy. - The State recognizes the vital role of
children and youth in nation-building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. Towards this end, the State shall adopt policies that
will improve the social and economic welfare of day care workers who provide pre-school
education and social development services to children.

SECTION 3. Coverage. - This Act covers all day care workers, also referred to as child
development workers in Republic Act No. 10410, otherwise known as the “Early Years Act
(EYA) of 2013", herein defined as persons primarily engaged in the provision of early child
development services and programs such as care, social development, education, protection,
and other needs of children aged four (4) years old and below in all government-sponsored day
care centers.

SECTION 4, Plantilla Positions and Security of Tenure in Day Care Centers. — At
least one (1) Day Care Worker | and one (1) Day Care Worker II plantilla positions shall be
created in all day care centers nationwide. As plantilla position holders, day care workers shall
be appointed under permanent status and shall be protected and governed by civil service rules
and regulations. No day care worker shall be removed or transferred from office without just
cause, due process, or prior consultation with the concerned day care worker.\

SECTION 5. Creation of Special Personnel Selection Board. - A Special Personnel
Selection Board (SPSB) for day care worker positions shall be created to screen candidate and
create a pool of ten (10) qualified applicants for possible appointment to the subject positions.


The SPSB shall be composed of the Local Social Welfare and Development Officer as chair, the
Punong Barangay, Local Health Officer, Human Resource Management Officer, and local
government unit (LGU) first level employees’ representative as members

SECTION 6. Recruitment and Selection. — Upon publication and posting by the Local
Human Resource Management Office (HRMO) of vacant permanent day care worker positions
in particular day care centers, all qualified applicants shall submit their application together with
complete requirements to the Punong Barangay who shall forthwith transmit the same to the
HRMO for preliminary evaluation: Provided, that all qualified incumbent day care workers hired
under casual contractual, and job order employment status shall automatically be considered
candidates and given priority for appointment to permanent day care worker positions

The Local Chief Executive, as the appointing authority, shall exercise sound discretion in
appointing, from the SPSB-recommended pool, a day care worker position in a particular day
care center.

SECTION 7. Qualifications, Positions and Salary Grade — A day care worker
possessing the following qualifications shall be hired to the position of:

(a) Day Care Worker |, with Salary Grade Six (6) must possess the following
qualifications:

(1) Must be of legal age;

(2) Must have completed at least two (2) years of college education;

(3) Must be certified by the DSWD or DSWD-deputized entities to have complied
with existing requisites and trainings in early childhood care and
development;

(4) Must not have been convicted by final judgment of any crime; and

(5) Must not have a pending case in relation to Republic Act no. 7610, otherwise
known as the “Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act”.

Day care workers legitimately serving as such upon the passage of this Act who are
above seventeen (17) years old but below eighteen (18) years old, shall continue to
serve as such and are qualified to be covered under this Act: Provided, that their
retention had been recommended by their direct supervisor;

Day care workers who have no college education upon the effectivity of this Act
shall be given two (2) years within which to complete equivalent training to be able to
continue in the service, in accordance with Section 12 of this Act. The necessary training
courses shall be prescribed by the Department of Social Welfare and Development
(Dswo);

(b) A Day Care Worker II, with Salary Grade 8, must possess the same qualifications

mentioned in paragraph (a) of this section including five (5) years of working
experience and at least twelve (12) hours of relevant training,

Qualifications and exceptions applicable to this section shall be subject to conditions
imposed by Civil Service Commission (CSC).


SECTION 8. Working Hours. - A day care worker is required to render eight (8)
working hours a day or a total of forty (40) working hours a week: Provided that the local social
welfare officer (LSWDO) may require day care workers to render services beyond their required
working hours during emergency situations such as natural and man-made calamities.

SECTION 9. Code of Conduct of Day Care Workers. — Within six (6) months upon
approval of this Act, the Early Childhood Care and Development Council (ECCDC), in
consultation with a national organization of day care worker shall be provided with a copy of the
Code at the expense of the government.

SECTION 10. Additional Compensation and Allowances. - Day care workers shall be
provided with the following additional compensation, whenever applicable:

(a) Overtime pay — for services rendered beyond the required working hours as
prescribed in Section 8 hereof;

(b) Hazard allowance - for being exposed to situations, conditions, or factors in
the workplace which endanger the workers’ health or life, or increase the
danger or risk thereto. Such risk or danger shalll be determined by the local
Sangguniang Barangay concerned; and

(c) Subsistence allowance - for meals taken in the course of their duty within
the premises of isolated day care centers, the amount of which shall be
computed in accordance with prevailing circumstance as determined by the
local Sangguniang Barangay concerned.

SECTION 11. Other Benefits and Privileges. - Day care workers shall be entitled to
the following additional benefits and privileges:

(a) Married Day Care Workers. - Whenever possible, married couples who are
both day care workers shall be assigned in the same municipality or city.

(b) Free Legal Services. - The Public Attorney's Office (PAO) shall represent
day care workers sin cases filed against them in connection with the
performance of their duties.

(c) Free Medical Examination and Treatment. — Annual medical examinations
shall be provided by government hospitals, free of charge, to all day care
workers. Day care workers suffering from work-related ailments shall be
treated without cost in government hospitals.

(d) Access to Livelihood, Loans, Grants, and Skills Enhancement. - The
DSWD and the LGU's, in coordination with other concerned government
agencies, shall provided organized day care workers with a mechanism for
accessing livelihood, loans, grants, and skills enhancement services.

(e) Other Benefits. - All day care workers shall automatically become members
of the Government Service Insurance System (GSIS), Pag-IBIG, and
PhilHealth, subject to premium payments by both employees, and shall be
entitled to maternity/paternity, sick, and vacation leaves as provided for by
existing laws.


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SECTION 12. Training, Education and Skills Enhancement. - The DSWD, in
coordination with Department of Education (DepEd), Commission on Higher Education (CHED)
and the Technical Education and Skills Development Authority (TESDA), shall provide for a
system of continuing education and skills training and knowledge enhancement programs for
day care workers,

The DepEd, CHED, and TESDA shall adopt an equivalency system of education that
shall recognized and duly credit the actual work experience and prior learning of day care
workers as formal academic of training units.

SECTION 13. Support from Nongovernment Organizations (NGO's). —
Nongovernment organizations or private volunteer organizations are hereby encouraged to
assist or support the government in the implementation of programs and projects for day care
workers. Pursuant thereto, all day care centers may accept such assistance or support from
NGOs.

SECTION 14. Appropriations. - The amount necessary to cover the salaries and
benefits of day care workers shall be charged from the Internal Revenue Allotment (IRA) and
the Special Education Fund of LGUs concerned: Provided, that the national government shall
provide subsidy for at least one (1) day care worker per center in the fourth, fifth and sixth class
municipalities. A portion of the contribution of the Philippine Amusement and Gaming
Corporation (PAGCOR) as provided under Republic Act No. 10410, as well as additional funds
generated from donations, fees, and contributions collected by the ECCDC from whatever
source shall also be set aside for the purpose.

SECTION 1. Implementing Rules and Regulations. - The DSWD, the ECCDC, and
the Department of the Interior and Local Government (DILG), in consultation with the CSC and
a national organization of day care workers, shall formulate the rules and regulations necessary
to implement the provisions of this Act within six (6) months from its effectivity.

SECTION 16. Separabilty Clause. - If any provision of this Act or any part thereof is
declared unconstitutional, the same shall not affect the validity and effectivity of the other
provisions.

SECTION 17. Repealing Clause. — Republic Act No. 6972, otherwise known as the
“Barangay-Level Total Development and Protection of Children Act” and all laws, decrees, rules
and regulations, and executive orders contrary to or inconsistent with this Act are hereby
repealed or modified accordingly.

SECTION18. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved.