Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. §8a

Introduced by HONORABLE STELLA LUZ A. QUIMBO

EXPLANATORY NOTE

In accordance with the mandate of the Constitution for the State to recognize the
vital role of children and youth in nation-building and promote and protect their physical
and moral, spiritual, intellectual and social well-being, our government has adopted the
early childhood development approach and the barangay-level total development
strategy.

Under these approaches, Day Care Centers and Early Childhood Development
Centers are to be established in all barangays to provide children aged up to six (6) years
old the adequate care, nurturing and protection. At the forefront of these efforts are the
Day Care Workers.

It is unfortunate that despite the critical role played by Day Care Workers, there
is little protection afforded to them by our existing laws. The economic well-being and
professional development of Day Care Centers are also afforded little to no attention.

‘The unjust situation faced by Day Care Workers was recognized by the 17%
Congress as, after various consultations and extensive deliberation, it crafted and passed
on Third Reading House Bill No. 6550. However, there was not enough time during the
last Congress to have the measure passed in the Senate and into a law.

The present bill embodies the various consultations, extensive deliberation, and
the hard work that has already been put into finally giving Day Care Workers the
protection and compensation due to them. It promotes and improves the well-being and
economic welfare of Day Care Workers, opens up greater opportunities for professional
development, and insulates them from unnecessary political interferences and abuses.

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

LUZ A’ QUIMBO
Representative
Second District Marikina City


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

689
HOUSE BILL NO.

Introduced by HONORABLE STELLA LUZ A. QUIMBO

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”.

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 pre-school
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


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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 chair, 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 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;


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(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 (DSWD);

(b) A Day Care Worker I, 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 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.

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


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‘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:

(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 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 concerned government agencies, shall provide
organized day care workers with a mechanism for accessing livelihood, loans, grants, and skills

enhancement services.


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(©) 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 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, the ECCDC, and the
Department of the Interior and Local Government (DILG), in consultation with the CSC and a


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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 thereof 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,
tules 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,