Republic of the Philippines
Congress of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 5287

Introduced by: Representative MANUEL JOSE M. DALIPE

EXPLANATORY NOTE

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. It is in this light
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 the “Early Childhood Care and
Development (ECCD) Act” were promulgated. Both measures recognize the stage of childhood, from
birth to six (6) years of age as critical to development.

Favenir (2002) explored the contributions of barangay day care centers to the mental and physical
development of a child, as well as community development. It was revealed that children in day care
centers have developed effective communication skills and a strong sense of body care and respect.
Moreover, Favenir notes that, because of day care centers, mothers worry less about their children when
they are at work. This, in turn, increases the mother’s productivity rate.!

Evidently, day care workers are our modern-day heroes who care for the children entrusted to
them. However, despite the important role that these workers play in carrying out children's needed care
and learning experience, they still do not enjoy the benefits of a regular government employee. Thus, it
is high-time that their economic conditions be alleviated.

By guaranteeing the rights of day care workers to security of tenure, humane working conditions,
and appropriate 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.

MANUEL JOSE M. PALE

" Abulon, E. (n.d). Barangay Day Care Centers: Emergence, Current Status and Implications to Teachers Education. Retrieved from:
Intps:/worldconferences.netproceedings/gse2013/papers_gse2013/094%20Edaa%420Lu29420R.%20Abulon pdf


Republic of the Philippines
Congress of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill Ne 5287

Introduced by: Representative Manuel Jose M. Dalipe

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”.

SEC. 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 preschool education and social development services to
children.

SEC. 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.

SEC. 4. Plantilla Positions and Security of Tenure in Day Care Centers. — At least one (1) Day
Care Worker I 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.

SEC. 5. Creation of Special Personnel Selection Board. — A Special Personnel Selection Board
(SPSB) for day care worker positions shall be created to screen candidates 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 chairperson, and the punong barangay, local health
officer, human resource management officer, and local government unit (LGU) first level employees’
representative as members.

SEC. 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.

SEC. 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 I, 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 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
DSWD.

(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 the Civil Service Commission (CSC).

SEC. 8. Working Hours. ~ A day care worker is required to render eight (8) working hours a day
ora 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.

SEC. 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 workers, shall formulate a Code of Conduct for Day Care Workers. Each day
care worker shall be provided with a copy of the Code at the expense of the government.

SEC. 10. Additional Compensation and Allowances. ~ Day care workers shall be provided with

the following additional compensation, whenever applicable:


(@) 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 shall be determined by the local Sangguniang Barangay concerned; and

(©) 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.

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

(@) 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 Attomey's Office (PAO) shall represent day care
workers in cases filed against them in connection with the performance of their duties.

(©) 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
LGUs, in coordination with other concemed government agencies, shall provide 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 employers and employees, and shall be entitled to maternity/paternity, sick, and vacation leaves
as provided for by existing laws.

SEC. 12. Training, Education and Skills Enhancement. ~ The DSWD, in coordination with
Department of Education (DepEd), Commission on Higher Education (CHED), and the Technical

5


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
recognize and duly credit the actual work experiences and prior learning of day care workers as formal
academic or training units.

SEC. 13. Support from Nongovernment Organizations (NGOs). ~ 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.

SEC. 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.

SEC. 15. Implementing Rules and Regulations. — The DSWD, ECCDC, and 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.

SEC. 16. Separability Clause. — If any provision of this Act or any part hereof is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions.

SEC. 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.


SEC. 18. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,