EIGHTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E
S. No. 
299
of thr & " ■ r;' i:n;'
*19 JUL-8 P3 '42
Intro d u ce d  by RAMON BONG R E ^ l^ / ^ R r
THE MAGNA CARTA FOR DAY CARE WORKERS 
EXPLANATORY NOTE
No less than the UNICEF recognizes that the "brain develops at its most rapid 
pace in the first few years of life.1" It further emphasizes that there are at ieast five 
(5) reasons why children must attend preschool2. These are: (1) it encourages brain 
development; (2) it develops and expands social skills; (3) it becomes the basis for 
lifelong learning; (4) it trains children for formal school; and (5) it aids in ending the 
cycle of poverty for underprivileged children.
In the Philippines, day care centers are institutionalized through Republic Act 
No. 6972, also known as the Barangay-Levei Total Development and Protection o f 
Children Act, and Republic Act No. 8980, otherwise known as the Early Childhood 
Care and Development (ECCD) Act. Both measures promote and defend the rights of 
children, protect them against all forms of neglect, abuse, cruelty, exploitation and 
other conditions prejudicial to their development. The measures accord special 
protection to children with full recognition of the nature of childhood and their 
special needs.
More importantly, both measures recognize the stage of childhood, from birth 
to six (6) years of age, as critical to development. This is basically the essence of 
both laws. It is in this light that day care workers play a central role.
1 2018, June 27. The benefits of preschool for young children. Downloaded from 
https://medium.eom/@unicefphils/the-benefits-of-preschool-for -young-children-f666041bfd9d
2 Ibid.


Day care workers cater to millions of children as well as to the children's 
families. For underprivileged Filipino families, having the option of government day 
care centers, which require little contribution, is a big help. Day care workers tend to 
the needs of children, while their parents are able to attend to other equally 
important chores.
In spite the immensity of their work, they are receiving a measly Five 
Hundred Pesos (PhPSOO.OO) per month, an amount not even sufficient for their 
everyday needs. However, their willingness to work as volunteers should not be 
abused. It is not by choice but by necessity, and at times desperation, that they are 
forced to accept the work in exchange of an amount not even enough for their 
subsistence.
The government, in light of the institutionalization of the ECCD, should finally 
make day care workers regular government employees.
By guaranteeing the rights of the day care workers to security of tenure, 
humane working conditions and a 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.
R A ^ N  BONG REVILLA, 3R.


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S. No.
)
)
)
S E N A T E
299
of tlif 
I ' tinr^'
*19 JUL-8 P3-42
In tro d u ce d  by RAMON BONG REvffiE1) ^ ^
THE MAGNA CARTA FOR DAY CARE WORKERS
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assem bled:
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Section 1. Short Title. - This Act shall be known as the "Magna Carta for Day 
Care Workers."
Sec. 2. Declaration o f Policy. - It is the State's responsibility to defend the 
right of children to assistance, including proper care and nutrition, and special 
protection from all forms of neglect, abuse, cruelty, exploitation and other conditions 
prejudicial to their development. It is also the State's concern and responsibility to 
provide adequate remuneration for day care workers to enhance their general 
welfare with the end in view of fulfilling the state policy of defending the rights of 
children.
Sec. 3. Coverage. - This Act shall cover all persons providing Early Childhood 
Care and Development in all government-run day care centers and non-stock, non­
profit day care centers run by volunteers, people's organizations, associations and 
non-government organizations.
Sec. 4. Definition. - For the purpose of this Act, the following terms shall
mean:


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Early Childhood Care and Development (ECCD) -  the full range of health, 
nutrition, early education and social services programs that provide for basic holistic 
needs of young children from birth to age six (6), to promote their optimum growth 
and development through home-based and center-based program;
Day care centers -  public, private or non-profit centers providing ECCD 
service pursuant to Republic Act No. 8980 or the ECCD Act.
Sec. 5. Qualifications. - A day care worker must be of legal age and had 
received adequate training in Early Childhood Care and Development from the 
Department of Social Welfare and Development or its accredited organizations and 
institutions. 
Under no circumstances may a day care worker applicant be 
discriminated on the basis of gender, religion, age, status, ethnic groups, 
educational attainment or political affiliation.
Sec. 6. Security o f Tenure. - Stability on employment and security of tenure 
shall be assured the daycare workers as provided under existing laws.
Incumbent day care workers not meeting requirements, specifically training in 
ECCD, shall not be disqualified but will be required to finish a day care worker 
training course to be administered by the Department of Social Welfare and 
Development within one (1) year from the effectivity of this Act.
Regular day care workers can only be terminated for cause provided by law 
and after due process:
Provided, that if a day care worker is found by the Civil Service Commission to 
be unjustly dismissed from work, the day care worker shall be entitled to 
reinstatement without loss of seniority rights. Back wages with twelve percent (12%) 
interest computed from the time compensation was withheld from the time of 
reinstatement shall also be awarded.
Sec. 7. Criteria for Salaries. -  Day care workers' salaries shall correspond to 
the following criteria:
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(a) they shall 
compare favorably with those 
paid 
in 
other 
occupations requiring equivaient or similar qualifications, training and 
abiiities; and
(b) 
they shall be such as to insure a reasonable standard of life for 
themselves and their families
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 municipality/city sociai welfare officer may require a day care worker to render 
service beyond working hours during emergency situations such as calamities.
Section 9. Benefits. - Day care workers shali be provided with the following 
benefits:
Philhealth -  ail day care workers shall be enrolled in the Nationai Insurance 
Program to be abie to access personal health services;
Social Security -  all day care workers shall be enrolled in the Government 
Service Insurance System or the Social Security System to be able to avail of 
retirement, disabiiity, funeral and other benefits;
Cost o f Living Allowance. Daycare workers' salaries shall, at the very least, 
keep pace with the rise in the cost of living by the payment of a cost-of-living 
allowance which shall automatically follow changes in a cost-of-iiving index. The 
Secretary of Social Welfare and Development shall, in consultation with the proper 
government entities, recommend to Congress, at least annually, the appropriation of 
the necessary funds for the cost-of-iiving aiiowances of the daycare workers.
Hazard allowance -  
care workers in both urban and rural places, exposed 
to situations and conditions with foreseeabie but unavoidable danger or risks such as 
strife-torn areas and areas under a state of caiamity shaii be compensated with 
hazard allowance to be determined by the local government unit.


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Over time work -  where the exigencies of the so require, any public health 
worker may be required to render service beyond the normal eight (8) hours a day. 
In such a case, the workers shall be paid an additional compensation in accordance 
with existing laws and prevailing practices.
Retirement benefits — all day care workers will receive retirement benefits 
once they have reached the age and fulfilled service requirements under existing 
laws.
Free legai assistance -  in case of political-motivated or work-related 
harassment, government will provide free legal assistance to day care workers to 
uphold and protect their rights.
Sec. 10. Right to Seif-Organization. - Day care workers shall have the right to 
freely form, join or assist organizations or unions in order to defend and protect their 
mutual interests and to obtain redress of their grievances.
Sec. 11. Married Day care Workers. - Whenever possible, the proper 
authorities shall take steps to enable married couples, both of whom are day care 
workers, to be employed or assigned in the same municipality.
Sec. 12. Participation Fee. - Day care workers shall in no way be required to 
shell out their own money to spend for eiectricity and rent of their center. If the 
participation fee set by the local government is inadequate, it is the LGUs 
responsibility to pay for necessary utilities required to operate the day care center.
Sec. 13. Training, Education and Career Enhancement - The Department of 
Social Welfare and Development, in coordination with the Department of Education 
and other concerned government agencies and non-government organizations, shall 
organize training and educational programs as well as provide opportunities for 
scholarships and continuing education.
Sec. 14. Impiementing Ruies and Reguiations. - The Department of Social 
Welfare and Development (DSWD), in consultation with the Department of Budget
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and Management and the Department of Education (DepEd), shall promulgate the 
necessary rules and regulations to implement this Act.
Sec. 15. Appropriations. -The budget needed to implement provisions of this 
Act shall be included in the annual General Appropriations Act. Training costs shall 
be appropriated under the DSWD.
Sec. 16. Pena! Provision. - Any person who shall willfully interfere with, 
restrain or coerce any day care worker in the exercise of his/her rights or shall in 
any manner violate any provision of this Act, upon conviction, shall be punished by a 
fine of less than Twenty thousand pesos (P20,000.00) or imprisonment of not more 
than one (1) year or both at the discretion of the court.
Sec. 17. Constitutionaiity. - Should any provision of this Act be declared 
invalid or unconstitutional, the validity or constitutionality of the other provisions 
shall not be affected thereby.
Sec. 18. Repeating Clause. - All laws, decrees, letters of instructions, 
resolutions, orders, ordinances or parts thereof which are inconsistent with the 
provisions of this Act, are hereby repealed, amended, or modified accordingly.
Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in two (2) newspapers of general circulation.
Approved,