EIGHTEENTH CONGRESS )
REPUBLIC THE PHILIPPINES )
First Regular

sion )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No, 6154
EXPLANATORY NOTE

This bill seeks to protect, promote, advance and develop the socio-economic well-

being, and

reer and professional development of the guidance counselors in the public

schools and in the goverment service.

It is a/right of a student to avail the school guidance and counseling services for
decisions and selecting the altematives in fields of work suited to his potentialities. However,
the guidance program is one very weak area in the Philippine public high schools and much
worse in the elementary schools. On one hand, many schools do not have guidance
services. On oe other hand, some schools look for qualified guidance counselors. The

Department

often the cour

Education cannot provide schools with trained guidance counselors and more
selor-to-student ratio is too big for ideal counseling to take place.

Numerous researches proved that Guidance and Counseling is important in the
educational system. A lot of these responsibilities focus on helping at-risk learners, their
families, even teachers and other stakeholders by giving them necessary support. Guidance
counselors are faced with the challenge of providing one-on-one attention to every student

with different

Counselor.
he/she manat

needs.

ye Guidance Counselor is indispensable to the Guidance Program where
, implements and plans the different services,

As “he Gare Service is neglected, so too its implementer, the Guidance

The Guidance Counselor is the primordial in the effective delivery of guidance and

counseling p
the curriculu

yams and services as an integral part of all levels of the educational system,
and the community especially in the light of the implementation of RA 11036

otherwise kn as the Mental Health Act. In the said law, the Guidance Counselor is
considered a Mental Health Professional. Moreover, Section 17 (Career Guidance and
Counseling ee of the Implementing Rules and Regulations (IRR) of RA 10533,

otherwise known as the Enhanced Basic Education Act of 2013, stipulates that “students be
properly guided towards becoming productive and contributing individuals through informed

career choices". This was further strengthened by RA 11206 otherwise known as the
Secondary School Career Guidance and Counseling Act. Through the presence of the
guidance and counseling programs and services in all levels of education, the students shall
be able to achieve their RIGHT to avail themselves of these guidance services prescribed in

BP Big. 232,

yerwise known as the Education Act of 1982.

Ironically, though the Guidance Counselor is the career specialist yet s/he does not
have a career in the current govemment set-up.

On the other hand, the millennium has spawned many complex situations which
resulted to ee and reformatted social ills such as technological explosion, social

media deper
caused all ki

nce and the current drug situation, among others. The above situations have
is of abuses (physical, psychological, sexual), teenage pregnancy, incidence



of HIV, suicide, confusion in values and even conflict with the law. We are alarmed of this

situation.

A licer
degree; nee
performs an
counseling
and physical
classmates ar
unrelated wo
program or

Howe
counselor in
Salary Grade

skill, and cour
their counsel
Counseling A
limit and prof
there is an

The
importance ai
take charge
Mental Healt

Howe\
Guidance Cor

sed Guidance Counselor has a minimum educational attainment of a master’s
to attend professionalizing seminars or training at least once in a year,
rduous listening and empathizing coupled with the integration of different
niques suitable to a specific client who may experience sexual abuse, verbal
buse, bullying, incest, substance abuse, learning difficulties, adjustment with
dior teachers, and many more; and, often times aside from its functions does
in schools such as the secretary of the principal, or a focal person of a
rst, a contradictory role of a discipline officer.

jer, amidst of these everyday functions and qualifications, the guidance
ublic schools is only appointed at Salary Grade 11 and may only prosper to
43 until his/her retirement.

\selors must try their best to maximize their potentials to address the needs of
s. Having this mind, the RA 9258 otherwise known as the Guidance and
t of 2004, a requirement for counselors to take the licensure examination to
sionalize the practice to those who are qualified, was implemented. Likewise,
for more resources for the counselors to continuously enhance their practice.

The store of counseling to all who need it most cannot be understated. It is a

fofessionalization of the guidance counseling through its law signifies the
\d the role of professional, skilled and equipped Guidance Counselors who will

the school’s Guidance Program or an agency's Guidance Program and/or
Program.

ler, we need also to protect, enhance and develop our human resource — the
nselors.

In view thereof, the passage of this bill is earnestly requested

Rui }. RODRIGUEZ



|

EIGHTEENTH CONGRESS )

REPUBLIC
First Regular

THE PHILIPPINES )
sssion )

| HOUSE OF REPRESENTATIVES

|_Introduced by Representative Rufus B. Rodriguez

| House Bill No. 8154

AN act PROVIDING FOR THE MAGNA CARTA FOR PUBLIC COUNSELORS

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

assemble

Counselors”,

Section 1. Bron Title. - This Act shall be known as the “Magna Carta for Public

Section 2. Purposes. The purposes of this Act are to:

(1)

(2)

(3)
(4)

(6)
6)

(7)
(8)

(9)

(10)
(11)

promote and improve the professional, ethical, social, and economic well-
being of the public counselors, their living and working conditions and terms
of employment;

develop their skills and capabilities in order that they will be more responsive
and better equipped to deliver Guidance Program and Services, and Mental
Health Services;

encourage those with proper qualifications and excellent abilities to join and
“remain in government service;

achieve the right of the students to avail the guidance and counseling
services in the schools prescribed in BP Big 232 otherwise known as the
Education Act of 1982;

strengthen RA 11036 otherwise known as the Mental Health Act;

help the basic education institutions and other government agencies in the
formal, informal and altemative delivery modes to recruit, train, hire and
sustain the professional growth and career development of counselors;

help adequately address the mental, emotional and developmental needs of
the basic education leamers, and clients;

remove the emotional, behavioral, and psycho-social barriers to learning so
as to enhance the classroom atmosphere in order to achieve a child-friendly,
| gender-sensitive, safe, and motivating leaming environment;

Support school staff, teachers and administrators in improving classroom
management through the conduct of behavioral and other guidance related
interventions to improve the leamer’s well-being, emotional and psycho-social
development, every day and career decision making and developing the
awareness and skills to identify early warning signs of mental health problems
and the need for guidance services including but not limited to those leamers
identified as Children in Conflict with the Law (CICL), Students at Risk of
[Dropping Out (SARDO), Leamer-victims of VAWC. and Child-Abuse, learner-
victims of criminal acts which affects their total well-being and those learner-
|patients who are afflict of diseases that may affect their psycho-emotional
|state;

prevent, promote, provide after care and support in the treatment of mental
health concerns of clients;

assist parents and other stakeholders in improving the learners school
behavior and academic success of their children;

|


|
(12)

(13)

Section 3. De

(1) “1
imy

(2) “
adj
Ps}
ani
Pr

(3) “

prit

ex

Section 4. Hi
shall, subj
Commission
Civil Service
Department
Professional

sustain the development of reservoir of counselors through proactive and
sustainable programs; and

provide the framework of guidance and counseling program and services for
the general clients.

finitions. — For purposes of this Act —

iblic Counselor” refers to an individual who has documented competence in

lementing the Guidance Program that:

a. possesses license or certification granted by the Professional Regulations
Commission;

b. holds a minimum master’s degree in Guidance and Counseling,
Guidance, or Counseling without prejudice to those granted licenses
under the Grandfather's Clause of RA 9258 otherwise known as the
Guidance and Counseling Act of 2004.

¢. uses of a variety of integrated approaches to the development of well-
functioning individual primarily by helping hinvher to utilize his /her
potentials to the fullest and plan his/her future in accordance with his/her
abilities, interests and needs.

d. generally employed in government schools and educational institutions
but not limited to other offices owned and operated by the Government or
its political subdivisions with original charters that engages in the delivery
of mental health services.

jidance Program” refers to a system of services designed to improve the
istment of each and every client. It includes counseling, career guidance,
‘chological testing, research, placement, referral, group processes, guidance,
mental health services. The Counselor primarily implements the Guidance
gram.

jidance and Counseling” refers to the is a profession that involves the use

lan integrated approach to the development of well-functioning individual
farily by helping him/her to utilize his /her potentials to the fullest and plan
fher future in accordance with his/her abilities, interests and needs.

nseling” refers to a dynamic face to face personal interaction between the
inselor and the counselee/s, where the counselor employs various methods,
roaches or techniques to enhance the counselee’s intrapersonal and
personal development and competencies.
Counseling is synonymous to Guidance and Counseling and encompasses
not limited to career counseling, substance-abuse counseling, marital and
ily counseling, court-directed counseling, grief counseling, correctional and
nile counseling, crises and disaster counseling among others.
Counselors shall coordinate, refer and cooperate with other mental health
ssionals such as psychologists and psychiatrists in dealing with clients in
jer for a better delivery of holistic intervention.

ing of Counselors. — The Civil Service Commission and the head of offices
to existing rules and regulations of the Department of Education, the

Higher Education, Technical Education Skills Development Authority, the
ommission, Department of Health, Department of Labor and Employment,
Interior and Local Government, Department of Overseas Filipino Workers,
‘egulations Commission, and the Department of Budget and Management,

provide for hiring additional counselors such that


(1)

(2)
(3)
(4)

The
Guidance ar

ach public elementary, secondary and leaming centers, and vocational
institutions shall have counselors with the ratio of one (1) School Counselor for
very 500 students;

ach State/Local Universities and Colleges shall have the ratio of one (1)
;chool Counselor for every 750 students; and

ach Public Employment Services Office in the Local Government Units shall
1e headed by a licensed Counselor;

ach Counselor shall have a number of caseloads as determined by the
spective Department where s/he is employed

partment of Education shall establish a Bureau for the implementation of
Counseling and Mental Health in the Central Office. Additional Functional

Divisions shall also be created in the Regional and Schools Division Offices.

The
and other edi

Section 5.
Professional

and Counsel

(2)

(3)
(4)

(5)

©

7)

(8)

(9)
(10)

fice of Student Services shall be established in schools, universities, colleges
tional institutions and shall be headed by a Counselor.

Professional and Career Development of Guidance Counselors. - The
Regulations Commission and the Professional Regulatory Board of Guidance
ling in coordination with the Secretary of Education, Commission on Higher

and incentive award system;
armonize of the Qualification Standards of Counselor related items with
espect to par C, Sec 13 of RA 9258 otherwise known as the Guidance and

jatch the salary grades of Counselor related items with respect provisions of
6758 otherwise known as the Position Classification and Compensation Act;
align the qualifications and standards for the qualification outcomes of

review and align RA 5789 as amended by RA 10691 otherwise known as the
PESO Act with RA 9258 otherwise known as the Guidance and Counseling Act
in the delivery of career and employment services;
visit the Department's organizational structure in order to provide competent
and professional personnel who will provide supervision and technical
sistance to Counselors in the school levels;
review, revise and develop the duties and responsibilities of Guidance
jounselors as provided by RA 9258 otherwise known as the Guidance and
Counseling Act of 2004;
velop, integrate and implement the tenets and concepts of Guidance and
Counseling in the Basic Education Curriculum in order to address enormous
concerns of both leamers and teachers such as leamer’s behavior,
sponsiveness to learning and positive discipline, soft skills and vocation
velopment, resiliency to the day to day problems and integral total
velopment;
provide support staff to the Counseling Offices whom are covered by the Rule
Privilege Communication;
prepare of performance evaluation plan that shall consider the improvement of
individual counselor efficiency and organizational effectiveness: Provided, That


ach employee shall be informed regularly by his/her supervisor of his/her
erformance evaluation;

(11) provide of the institutionalization of the Basic Education Guidance and
ounseling Manual; and,

(12) provide periodic training and skills upgrading and development of Guidance
ounselors as Mental Health Professionals.

Section 6. Guidelines. — The Civil Service Commission and the Professional Regulatory
Board of Guidance and Counseling in cooperation with the Department of Health, Secretary
of Education, Commission on Higher Education, Technical Education Skills Development
Authority, Department of Labor and Employment, Department of Overseas Filipino Workers,
and the Department of Budget and Management shall, ninety (90) days after the enactment
of this Act, issue necessary guidelines but not limited to

(1) the selection, recruitment and hiring of Counselors;

sonnel and the nature of scope of the Guidance and Mental Health Services

the Tertiary level.

Section 7. Salary Scale. - Salary scales of counselors shall provide for a gradual
progression from a minimum to a maximum salary by means of regular increments, granted
automatically |after three years: Provided, That the efficiency rating of the counselor
concerned is at least very satisfactory. The progression from the minimum to the maximum
of the salary scale shall not extend over a period of ten years.

The entry level salary grade of the Counselor shall not be lower than SG-16.

The thirteen (13) guidance related positions in the Government Service found in the
Department of Budget and Management Index of Occupational Services, Occupational
Groups, Classes and Salary Grades shall be revised to the following:

Guidance Services:
Counselor | (Generalist) SG 16
Counselor I (Senior Generalist) SG 18
Counselor (Supervisor, Specialist, or Educator)! SG 20
Counselor (Supervisor, Specialist, or Educator) Il SG 21
Counselor (Supervisor, Specialist, or Educator) Ill SG 22
Counselor (Supervisor, Specialist, or Educator) IV. SG 23
Counselor (Supervisor, Specialist, or Educator) V SG 24

Section 8. Study Leave. — In addition to the leave privileges now enjoyed by the personnel
in the public schools, counselors shall be entitled to study leave not exceeding to two years
after five years of service. Such leave shall be granted in accordance with a schedule set by



|
|

year of such leave. In all cases, the study leave period shall be counted for seniority and

Pension purposes.

Section 9. Indefinite Leave. — An indefinite sick leave of absence shall be granted to
counselors when the nature of the illness demands a long treatment that will exceed one
year at the least.

Section 10. Mental Health/Self-Care Leave. - An additional of twenty-four (24) leave day
credits shall be added on the top of the existing annual leave/sick benefits of counselors
intended for their mental health well-being and self-care. Unused credits shall expire at the

end of each calendar year.

Section 11. Salary Increase upon Retirement. — Public counselors having fulfilled the age
and service requirements of the applicable retirement laws shall be given one range salary
raise upon retirement, which shall be the basis of the computation of the lump sum of the
retirement pay and the monthly benefits thereafter.

Section 12. Overtime Work. — Where the exigencies of the service so require, any public
counselor may be required to render, service beyond the normal eight (8) hours a day. In
such a case, the counselors shall be paid an additional compensation in accordance with
existing laws and prevailing practices.

Section 13. Additional Compensation. — Notwithstanding Section 12 of Republic Act No.
6758, public workers shall receive the following allowances: hazard allowance, longevity
pay, and remote assignment allowance.

Section 14. Hazard Allowance. — Public counselors shall be compensated hazard allowance
equivalent to at least twenty-five percent (25%) of the monthly basic salary of counselors
receiving salary grade 20 and below, and ten percent (10%) for counselors with salary grade
21 and above,

Section 15. Longevity Pay. — A monthly longevity pay equivalent to five percent (5%) of the
monthly basic pay shall be paid to a counselor for every five (5) years of continuous, efficient
and meritorious services rendered as endorsed by the Counselor Supervisor and certified by
the Head of Office concerned commencing with the service after the approval of this Act.

Section 16. Remote Assignment Allowance. — Public guidance counselors who accept
assignments as such in remote areas, isolated, or in foreign stations, which for reasons of
far distance ot hard accessibility shall be entitled to an incentive bonus in the form of remote
assignment allowance equivalent to fifty percent (50%) of their basic pay, and shall be
entitled to reimbursement of the cost of reasonable transportation to and from and during
official trips.

In addition to the above, counselors mentioned in the preceding paragraph shall be
given priority in promotion or assignment to better areas. Their tour of duties in the remote
areas shall not exceed two (2) years, except when there are no positions for their transfer or
they prefer to Start in such posts in excess of two (2) years.

Counselors assigned to foreign posts shall be entitled to allowances and benefits as
provided by RA 7157.

Section 17. Medical Examination. - Compulsory medical examination (ei. xray,
laboratories, medical consultation and counseling, psychological and psychiatric
assessment, and drug test) shall be provided free of charge to all counselors before entering
the service in the Government or its subdivisions and shall be repeated once a year during
the tenure of employment of all public guidance counselors: Provided, That where medical
examination shows that medical treatment and/or hospitalization is necessary for those



already in government service, the treatment and/or hospitalization including medicines shall
be provided free either in a government or a private hospital by the government entity paying
the salary of |the guidance counselors: Provided, further, That the cost of such medical
examination and treatment shall be included as automatic appropriation in said entity's
annual budget.

Section 18. Compensation of Injuries. — Public counselors shall be protected against the
consequences of employment and occupational injuries especially resulting to the psycho-
emotional and mental hazards in accordance with existing laws. Injuries incurred while doing
‘overtime work shall be presumed work-connected.

Section 19. Right to Self-Organization. — Public counselors shall have the right to freely
form, join or assist organizations or unions for purposes not contrary to law in order to
defend and protect their mutual interests and to obtain redness of their grievances through
peaceful concer activities. Provided, that public counselors shall uphold the provision of
the IRR of RA 9258 on automatic membership to the Integrated Accredited Professional
Organization approved by the Professional Regulatory Board of Guidance and Counseling.

Section 20. Prohibition Against Elimination and/or Diminution. — Nothing in this law shall be
construed to eliminate or in any way diminish benefits being enjoyed by public counselors at
the time of the effectivity of this Act.

Section 21. Programs/Projects Related to Guidance and Counseling and Mental Health. — In
consultation with the Professional Regulations Commission and the Professional Regulatory
Board of Guidance and Counseling, all departments including their attached agencies,
offices, bureaus, agencies, state universities and colleges, government-owned and
controlled cofporations and other instrumentalities, shall formulate a Guidance and
Counseling Plan (Educational and education-related departments) and/or Mental Health
Plan, designed to maintain and address counseling and mental health well-being issues. The
cost of implementation of the GCP/MH Plan shall be at least five percent (5%) of the
agency's total annual budget appropriations.

Section 22. Appropriation. - There shall be appropriated from the National Treasury the
sums necessary to carry into effect the provisions of this Act.

Section 23. Penal Provision. - Any person shall willfully interfere with, restrain or coerce any
public counselor in the exercise of his/her rights or shall in any manner any act in violation of
any of the provisions of this Act, upon conviction, shall be punished by a fine of not less than
One Million pesos (P 1,000,000.00) but not more than six (6) years or both at the discretion
of the court.

If the offender is a public official, the court, in addition to the penalties provided in the
preceding paragraph, may impose the additional penalty of perpetual disqualification from
office. |

Section 24. Separability Clause. — If any part or provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall remain in force and effect.

Section 25. Repealing Clause. - All other laws, decrees, orders, issuances, rules and
regulations which are inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

Section 26 ivity. — This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.

Approved,