Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HousE;|LLNo.6883
Introduced by Representative Eduardo Roa Rama ]r.
EXPIANATORY NOTE
Under the 1987 Constitution, the State recognizes the vital role of the youth in nation-building
and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. So as
to achieve this goal, investing in the welfare of children at an early age is crucial. In view theret)f,
there is a need to empower and develop those who dedicate their hves in cultivating and forming the
youth.
Day care workers are primarily engaged in the prc>vision of early child development services and
programs such as care, social development, education, protection, and other needs of children aged
four years ()ld and below in all government-sponsored day care centers. They play a central role in
educating young cluldren at their tender years, and in ensuring their safety and welfare.
Despite the immensity of their work, day care workers only receive a small honorarium. In order
to empower and bring out the best ()f our nation's day care workers, it is crucial that they are
provided with security of tenure, adequate pay, benefits, and privileges.
In view of the foregoing, approval of this bill is earnestly sought.
EDUARDO ROA RAMA TR.
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Repubhc of the Phihppines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HousE£|LiNo6883
Introduced by Representative Eduardo Roa Rama ]r.
AN ACT
INSTITUTING THE MAGNA CARTA OF DAYCARE WORRERS
AND PROVIDING FUNDS THEREFOR
Be it enacted ky  tlJe  I enale  arld  the Hollse  o`f RepreJeMtatilJes  Of the Pi)illp|)ines in Cong!resJ  aJ`f eml)led:
C-TERI
GENERAL PROVISIONS
1                    SECTION 1. SJlorf rr.rfc. -This Act shall be known as the "Magna Carta of Day Care
2       Workers".
3                    SECTION 2. Dec/arafl.on Ofpo/I.cy. -The State recognizes the vital role of children
4       and  youth  in  nation-building  and  shall  promote  and  protect  their  physical,  moral,  spiritual,
5       inteHectual, and social weu-being. Towards this end, the state shall adopt policies that will improve
6       the social and economic welfare of day care workers, who are charged with providing preschool
7       education and social development services to children.
8                       SECTION  3.  Covierqgc.  -This  Act  covers  c7/7 c7#ji c.c7re jgro#facrj`,  also  referred  to  as  c/y7./d
9        J",Jc/o¢#c#/ 2grorfeer.t` in Republic Act No.10410, otherwise known as the "I;ady Years Act (I£YA) Of
10       2013", herein  defined as persons primarily engaged in the provision  of early child development
11       services and programs such as care, social development, education, protection, and other needs of
12       children aged four (4) years old and below in all government sponsored daycare centers.
T3                   S>ECTTON 4. Plantilla positions and security of Tenure in Day care centers. ~ AL+
14       least one (1) Day care worker I and one (1) Day care worker Il plantilla positions shall bc created
15       in all day care centers nationwide. As plantilla position holders, day care workers shall be appointed
16       under payment status and shall be protected and governed by civil service rules and regulations.
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1       No day care w(>cker shall be removed or transferred from office without just cause, due process,
2       and prior consultation with the concerned day care worker.  Furthermore, the day care worker's
3       preference must be considered.
4                    S>ECHTOIN 5. Cleation of special personnel selection Board. ~ A Spec:hiT]ersorrnch
5       Selection Board  (SPSB)  for day care worker positions  shall be created to  screen candidates  and
6       create a pool often (10) qualified appHcants fof possible appointment t() the subject positions. The
7       SPSB shall be composed of the local social welfare and development officcr as chairperson, and
8       the  punong  barangay,  local  health  officer,  human  resource  management  officer,  and  local
9       government unit qGU) first level empl()yees' representative as members.
10                    SECTION 6. Hccrz#tmenf andr sc/cc/I.an. -Upon publication and posting by the local
11       Human Resource Management office (IIRMO) of vacant pemianent day care worker positions
12       in particular day care centers, all qualified applicants shall submit their application together with
13       complete  requirements  to  the  Punong Barangay who  shall  forthwith  transmit  the  same  to  the
14       HRMo for preliminary evaluation: Provided, That all qualified incumbent day care workers hired
15       under  casual,  contractual,  and  job  order  employment  status  shall  automatically  be  considered
16       candidates and given priority for appointment to permanent day care positions.
17                     The local chief executive, as  the appointing authority, shall exercise sound discretion in
18       appointing, from the spsB-recommended pool, a day care worker position in a particular day care
19        center.
2:0                   S;E£"Or` 7.  Qualifrications,  Positions  and  Salary  Grade.  -A deny  ca:re worker
21       processing the following qualifications shall be hired to the position of:
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(a)   Dc7zy Cc7re f7onlecrJ, with Salary Grade 6, must possess the following qualifications:
(1)  Must be of legal age;
(2)  Must have completed at least two (2) years of college education;
(3)  Must  be  certified  by  the  Department  of  Social  Welfare  and  Development
(DSWD) or DSWD-deputized entities to have compiled with existing requisites
and trainings in eady 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 lestimately serving as such upon the
passage of this Act who  are above  seventeen  (17) years old but below eighteen
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1                                       (18)  years  old,  shall continue  to  serve  as  such  and  are  qualified  to  be  covered
2                                      under this  Act:  Provided, that their retention  had been  recommended by their
3                                       direct s upervisor.
4                                             Day care workers who have no college education upon the effectivity of this
5                                      Act shall be given two (2) years within which to complete equivalent training to
6                                      be able to continue in the service, in accordance with section 12 of this Act. The
7                                       necessary training courses shall be prescribed by the DSWD.
8                         @)  j4 Dcz7zy c'c7re l%#lecr JJ, Jc7/c7ry Grwc* 8, must possess the same qualifications mentioned
9                             in paragraph (a) of this section including five (5) years of working experience and at
10                               least twelve (12) hours of relevant training.
11                      Qualifications  and  exceptions  applicable  to  this  section  shall  be  subject  to  conditions
12       imposed by the civil service commission (CSC).
13                    SECTION  8.   17ockl.qg ffoHrs.  - A  day  care  worker is  required  to  render  eight  (8)
14       working hours a day or a total of forty (40) working hours a week: Provided, That the local st>cial
15       welfare officer qswDO) may require day care workers to render services beyond their required
16       working hours during emergency situations such as natural and man-made calamities.
17                   SECTION 9.  Code ofcondz]cf of Da;r care u7ockfrs. -Within six (6) months upon
18       approval  of  this  Act,  the   Early   Childhood   Care   and  Development  Ct>uncil   (F,CCDC),  in
19       consultation with a national organization of day care workers, shall formulate a code of conduct
20       for Day Care Workers.  F,ach day care worker shall be provided with  a copy of the Code at the
21       expenseofthegovemment.
22                   SECTION 10. Addr./I.ona/ Compe#satr.on acd' A//omances. -Day care workers shall
23       be provided with the following additional compensation, whenever applicable:
24                       (a)   Overtime pay -for services rendered beyond the required working hours as prescribed
25                              in section 8 hereof. The rate of which shall be the same as prescribed in relevant civil
26                               service laws and issuances;
27                       @)  I-Iazard allowance -for day care workers who are consistently exposed to situations,
28                             conditions, or factors in the workplace which endanger the workers' health or life, or
29                              increase the danger or risk thereto;
30                              Such risk or danger shall be determined by the local sangguniang Barangay concerned.
31                              Provided that, in no case shall the Hazard allowance exceed php 5,000.00; and
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(c)  Subsistence allowance -for meals taken in the course of their duty within the premises
of isolated day care centers, the amount of which  shall be computed in  accordance
with  prevailing  circumstances  as  determined  by  the  local  Sangguniang  Barangay
concerned.
5                   SECTION 11.  Ocher Benoffs and prr'ra7tgrs. -Day care workers shall be entitled to
6       the following additional benefits and privileges:
7                     (a) Married Day care workers. -Whenever possible, married couples who are both day
8                      care workers shall be assigned in the sane municipality or city.
9                     a)  Free Legal services. -The public Attorney's  officc  qJAO)  shall represent day care
10                     workers in cases filed against them in connection with the performance of theif duties.
11                      (c)  Free  Medical  E.xarnination  and Treatment.  -Annual medical  examinations  shall bc
12                     provided by government hospitals, free of charge, to all day care workers. Day care workers
13                      suffering from work-related ailments shall be treated without cost in government ht)spitals.
14                     (d) Access to I.,ivelihood, Ijoans, Grants, and skills Enhancement. -The DSWD and the
15                     LGUs, in coordination with other concerned government agencies, shall provide organized
16                      day.  care  workers  with  a  mechanism  for  accessing  livelihood,  loans,  grants,  and  skills
17                      enhancement services.
18                      (e)  ()ther Benefits.  -All day  care  workers  shall automatically become  members  of the
19                      Government  Service  Insurance  System  (GSIS),  Pag-IBIG,  and  Phill-Iealth,  subject  to
20                     pretnium   payments   by   both   employers   and   employees,   and   shau   be   entitled   to
21                     maternity/paternity, sick, and vacation leaves as provided for by existing laws.
2:2                    S;ECHTOIN  T2..  Training,  Education  and  Skills  Enhancement.  -The DS;;`lklD,.[n
23       coordination  with  Department  of  Education   @epED),  Commission  on  Higher  Education
24       (CITED), and the Technical Education and skills Development Authority a`ESDA), shall provide
25       for a system of continuing education and skills training and knowledge enhancement programs for
26       daycareworkers.
27                     The DepEd, CITED, and TF,SDA  shall adopt an equivalency system of education  that
28       shall recognize and duly credit the actual work experiences and prior learning of day care workers
29       as ft>rmal academic or training units.
3;0                   S;ECT:TOIN  13.  Support  I;ram  Nongovemmcnt  organizations  (NGOs).  - ENon~
31       governmental organizations Q`TGOs) or private volunteer organizations are hereby encouraged to
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1       assist or suppott the government in  the implementation of programs and projects  for day care
2       workers. Pursuant thereto, all day care centers may accept such assistance or support from NGOs.
3                    SECTION  14.  4ppropn.afr.ons.  -  The  amount  necessary  to  cover  the  salaries  and
4       benefits of day care workers shall be charged froln the Internal Revenue Allotment ¢RA) and the
5       Special  Education  Fund  of LGUs  concerned:  Provided,  That  the  national  government  shall
6       provide subsidy for at least one (1) day care worker per center in the fourth, fifth, and sixth class
7       municipalities.   A  poftion   of  the  contribution  of  the   Philippine   Amusement  and  Gaming
8       Corporation  Q'AGCOR) as provided under Republic Act No.10410, as weH as additional funds
9       generated from donations, fees, and contributions collected by the ECCDc from whatever source
10       shall also beset aside forthepurpose.
11                   SECTION 15. Imp/cmenfr.rag Rzi/es and jicgzI/afr.oJ]s. -The DSWD, F,CCDC, and
12       Department of the Interior and Local Government (DILG), in consultation with the csc and a
13       national organization of day care wofkers, shall formulate the rules and tegulations necessary to
14       implement provisions of this Act within six (6) months from its effectivity.
15                     SECTION 16. S€pz+adr7r.tyr c/azise. -If any pro`Tision of this Act or any pact hereof is
16       declared  unconstitutional,  the  same  shall  not  affect  the  validity  and  effectivity  of the  other
17        provisions.
18                    SECTION  17.  Rapca/tqg Crazlsc. -Republic Act No.  6972, otherwise known as the
19       "Barangay-level Total Development and protection of children Act" and all laws, decrees, rules
20       and regulations, and executive orders contrary to or inconsistent with this Act are hereby repealed
21       or modified accordingly.
22                     SECTION  18.  Eff€crr.v]fy.  -  This  Act  shall  take  effect  fifteen  (15)  days  after  its
23       publication in the official Gazette or in a newspaper of general circulation.
24                     Approved.
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