Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. 
Introduced by Representative Divina Grace C. Yu 
1st District, Zamboanga del Sur 
EXPLANATORY NOTE 
The passage of this bill seeks to institute the Magna Carta for day care workers. 
Settled in the 1987 Constitution that 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 to improve preschool education 
and social development services to children. 
Currently, it is unfortunate that considering the roles played by our day care workers in our 
society, most importantly, with our children, existing laws do not afford them their well-
deserved benefits. Worst, the economic and professional well- being and development are 
left unattended by the government. 
Hence, it is only best to address these issues by the passage of this bill. It further seeks to 
insulate them from the superfluous political interferences and abuses by ensuring that day 
care workers would enjoy security of tenure. 
In view of the foregoing, approval of this bill is earnestly sought. 
DIVINA GRACE C. YU 
July 5, 2022
3:50 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. 
Introduced by Representative Divina Grace C. Yu 
AN ACT 
INSTITUTING THE MAGNA CARTA OF DAY CARE WORKERS AND PROVIDING 
FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in the 
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 us child 
development workers in Republic Act No. 10410, otherwise known as the “Early Years Act 
(EYA) Of 2013”, herein defined the as persons primarily engaged in the provisions 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 payment status and shall be appointed under permanent status 
and shall be protected and governed by civil service rules and regulations. No day care 
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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 bee 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 should submit their 
applications 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 the job order 
employment status shall automatically be considered candidates and given priority for 
appointment the permanent day care 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 processing 
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 compiled 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 given seventeen (17) years old but below eighteen (18) years old, shop 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) Day Care Worker II, 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 at the total of forty (40) working hours a week: Provided, That the local social 
welfare officer (LSWDO) may require day care workers the render service is beyond their 
required 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 the 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: 
(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 shall 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 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 are both day 
care workers shall be assigned in the same municipality or city. 
(b) Free Legal Services. - The Public Attorney’s Office (PAO) shell represent day 
care workers in cases filed against them in connection with the performance of 
their duties. 
(c) Free Medical Examination and Treatment. – Annual 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. 
(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 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 and the implementation of programs and projects of 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 shop 
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 by 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), station with the CSC and a 
national organization of day care workers, shall formulate the rules and regulations 
necessary to implement provisions of this act within six (6) months of 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, decrease, 
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,