EIGHTEENTH CONGRESS
OF THE REPUBLIC OF THE PHILIPPINES }
First Regular Session )

HOUSE OF REPRESENTATIVES
House Bill No. 3677

Introduced by Representatives Virgilio S. Lacson

EXPLANATORY NOTE

In Article XIV, Section 5 (4) of the 1987 Philippine Constitution, provides that
“The State shall enhance the right of teachers to professional advancement. Non-
teaching academic and non-academic personnel shall enjoy the protection of the State”.
The State recognizes the essential role of all teachers and personnel in nation-building.

As such, Republic Act No. 4670 otherwise known as The Magna Carta for Public
School Teachers passed into law in view of providing professional rights and safeguards
to our public school teachers in consideration of the exigency and level of difficulty of
the exercise of their profession. However, the said law has which was signed on June
18, 1966 remains untouched for more than half a century now exhibits weakness that
hamper the improvement of the social and economic status and working conditions of
our public school teachers. The need for modifications and amendments to strengthen
the law is in order.

This Act seeks to amend the aforementioned law to make the said measure more
responsive by expanding public school teachers working rights, strengthening working

protections and providing additional incentives for extra-curricular work.

In light of the foregoing, immediate passage of the bill is earnestly sought.

\ Tacs
VIRGH . LACSON

Manila Teachers, Party List


EIGHTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill ra cde

Introduced by Representative Virgilio S. Lacson
———————E——E——

AN ACT
STRENGTHENING AND EXPANDING THE PROFESSIONAL RIGHTS AND WORK
INCENTIVES OF PUBLIC SCHOOL TEACHERS, AMENDING REPUBLIC ACT NO.
4670, TO BE KNOWN AS “THE EXPANDED MAGNA CARTA FOR PUBLIC
SCHOOL TEACHERS”, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as “Expanded Magna Carta Sor
Public School Teachers Act.”

SEC. 2. Sec. 3 of Republic Act No. 4670 or The Magna Carta for Public School
Teachers is hereby amended to read as follows:
Sec. 3. Recruitment, SELECTION and Qualification. - Recruitment,
SELECTION, PROMOTION OF TEACHERS SHALL BE BASED ON
MERIT AND FITNESS SUBJECT TO EXISTING CRITERIA DEFINED

BY THE DEPARTMENT OF EDUCATION. [policy—with-respeet—to—the

of Edueation:] Provided, however, that effective upon the approval of this Act,
the following shall constitute the minimum educational qualifications for teacher-
applicants:

XXX XXX XXX

Provided, further, That ALL TEACHERS-APPLICANTS IN THE
REGISTRY OF QUALIFIED APPLICANTS (RQA) HAS BEEN


ASSIGNED, BUT STILL THERE IS NEED TO HIRE MORE TEACHERS,

THE SCHOOL SUPERINTENDENT SHALL APPOINT A SUBSTITUTE

TEACHER FROM THE RQA WHO DID NOT MEET THE CUT-OFF

SCORE BUT STILL DEEMED QUALIFIED TO TEACH. [in-the-absence-of
A ise nainteeeedinsaiogal oad Saats 5

Provided, finally, that IN THE BASIS OF PROMOTION, THE
SCHOOL SUPERINTENDENT SHALL ALSO CONSIDER THE
EXPERIENTIAL QUALIFICATION OF TEACHER APPLICANTS IN
ORDER TO ENSURE AN EQUITABLE PROMOTION MECHANISM
WHICH ALSO GIVES IMPORTANCE ON THE PROFESSIONAL
EXPERIENCE OF TEACHERS ASIDE FROM EDUCATIONAL AND

SCHOLASTIC ATTAINMENT. [the results-of the examinations shall be- made

SEC. 3. Sec. 5 of the same Act is hereby amended to read as follows:

Sec. 5. Tenure of Office. — XXX XXX,

feast-ten-years- -ontinuous, efficient and_faithful service in-sueh position NO
PERMANENT TEACHER SHALL BE TERMINATED EXCEPT FOR A
JUST CAUSE OR AFTER DUE PROCESS. A TEACHER OR NON-
TEACHING PERSONNEL WHO IS DISMISSED FROM SERVICE BUT
LATER FOUND OUT AS AN UNJUSTLY DISMISSED SHALL BE
ENTITLED TO REINSTATEMENT AND BACK WAGES.

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SEC. 4. Sec. 6 of the same Act is hereby amended to read as follows:

Sec. 6. Consent for Transfer Transportation Expenses. -Except for cause
and as herein otherwise provided, no teacher shall be transferred without his
consent IN WRITING from one station to another.

Where the exigencies of the service require the transfer of a teacher from
one station to another, such transfer may be effected by the school superintendent
who shall previously notify the teacher concerned of the transfer and the reason
or reasons therefor. If the teacher believes there is no justification for the transfer,
he may appeal his case to the [Director-ofPublieScheols_or-the-Director-of

Voeational_Education,—asthe-case-may—be} REGIONAL DIRECTOR. THE
REGIONAL DIRECTOR SHALL RENDER A DECISION IN WRITING

ONE (1) WEEK UPON RECEIPT OF THE APPEAL. Pending his appeal and
the decision thereon, his transfer shall be held in abeyance: Provided, however,
that no transfers whatever shall be made three months before any local or national
election.

PROVIDED, FURTHER, THAT SUCH TRANSFER SHALL NOT
CAUSE DISRUPTION IN DAY-TO-DAY SCHOOL OPERATIONS OF
BOTH THE RECEIVING SCHOOL AND THE HOST SCHOOL.

XXX XXX XXX.

SEC. 5. Sec. 7 of the same Act is hereby amended to read as follows:
Sec. 7. Code of ETHICS FOR Professional [Conduet-for] Teachers. —

[Within-six_months-from_the approval_of this Aet_the Secretaryof Education

be-aceessible-for-tise-by-the-teachers.] TEACHERS SHALL OBSERVE THE
CODE OF ETHICS UNDER REPUBLIC ACT NO. 7836, OTHERWISE
KNOWN AS THE “PHILIPPINE TEACHERS PROFESSIONALIZATION
ACT”.


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SEC. 6. Sec. 10 of the same Act is hereby amended to read as follows:

Sec. 10. No Discrimination, - There shall be no discrimination whatsoever
in entrance to the teaching profession, or during its exercise, or in the termination
of services, based on other than professional consideration. PROVIDED, THAT,
THE HIRING AND PROMOTION OF TEACHERS SHALL BE BASED
ON ACADEMIC AND PROFESSIONAL MERIT AND FITNESS.

PROVIDED, FURTHER, THAT UNDER NO CIRCUMSTANCE THAT
THE LICENSE OF PUBLIC SCHOOL TEACHERS ISSUED BY THE
APPROPRIATE GOVERNMENT AGENCY BE REVOKED OR
INVALIDATED FOR REASONS THAT ARE NOT RELATED TO THE
PERFORMANCE OF THE TEACHING PROFESSION SUCH AS BUT
NOT LIMITED TO DEFERRED PAYMENT OF OBLIGATIONS AND
PERSONAL CONFLICTS.

SEC. 7. Sec. 12 of the same Act is hereby amended to read as follows:

Sec. 12. Academic Freedom. — XXX XXX,

IN EXERCISE THEREOF, AN INDEPENDENT RESEARCH
BODY SHALL BE CONSTITUTED EVERY TWO (2) YEARS TO
REVIEW TEACHING METHODS AND PRESENT REFORM
RECOMMENDATIONS TO THE DEPARTMENT.

SEC. 8. Sec. 13 of the same Act is hereby amended to read as follows:

Sec. 13. Teaching Hours. — Any teacher engaged in actual classroom
instruction shall not be required to render more than six hours of actual classroom
teaching a day, which shall be so scheduled as to give him time for the
preparation and correction of exercises and other work incidental to his normal
teaching duties: Provided, however, That where the exigencies of the service so
require THE SCHOOL DIVISION SUPERINTENDENT SHALL APPOINT
SUBSTITUTE TEACHERS TO FILL-IN THE TEACHING LOAD. [any



pensation-at_the-same-rate-as-his- regular remuneration-plus-at-least-twenty-
Hee pereentet his baste pay |

IN CASES WHEREIN RENDERING OF ADDITIONAL WORK HOURS
IS DUE TO SUBSTITUTION FOR CLASSES OF NON-REPORTING
TEACHERS, THE SCHOOL DIVISION SUPERINTENDENT SHALL
ALSO APPOINT SUBSTITUTE TEACHERS IF THE ABSENCE OR
VACANCY WILL EXCEED FOR MORE THAN TWO (2) WEEKS.

SEC. 9. Sec. 14 of the same Act is hereby amended to read as follows:

Sec. 14. Additional Compensation ~ Notwithstanding any provision of
existing law to the contrary, co-curricula and [out of school] OFF CAMPUS
ACTIVITIES AND ANY OTHER ACTIVITIES BEYOND OF WHAT IS
DEFINED AS NORMAL DUTIES OF TEACHER THAT WILL MAKE
HIM WORK LONGER THAN HIS REGULAR WORKLOAD
INCLUDING RENDERING OF SERVICE DURING NATIONAL AND
LOCAL ELECTIONS, RENDERING REPORTS TO OTHER
GOVERNMENT AGENCIES AND PARTICIPATING IN PROGRAMS
AND ACTIVTIES OF LOCAL GOVERNMENT UNITS SHALL BE PAID
THE REGULAR COMPENSATION FOR THE ACTUAL HOURS
WORKED PLUS an additional compensation of at least twenty-five per cent of
his regular remuneration AN ADDITIONAL COMPENSATION OF AT
LEAST TWENTY-FIVE (25%) PERCENT OF HIS REGULAR
REMUNERATION. [af ha i sof aetua

classroomteaching @-dey.]

Boca XXX

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SEC. 10. Sec. 19 of the same Act is hereby amended to read as follows:

Sec. 19. Special Hardship, HEALTH AND SAFETY HAZARD
Allowances. [}n—areas—in—whieh—when] teachers, UPON RIGHTFUL
DETERMINATION AND VERIFICATION, are exposed AND
EXPERIENCE [te] hardship, HEALTH AND SAFETY HAZARDS [sueh-as
diffiewlty] in commuting IN THEIR PLACE OF WORK, SUCH AS, BUT
NOT LIMITED TO; (1) PRESENCE OF ARMED CONFLICT AND
PREVALENCE OF HIGH CRIME RATES, (2) PRESENCE OF
HAZARDOUS WASTE, CHEMICAL BYPRODUCTS AND TOXIC
FUMES FROM LANDFILLS, DUMPSITES, FACTORIES AND
POLLUTED WATERWAYS AND ESTEROS IN COMMUTE ROUTES,
(3) LACK OR ABSENCE THEREOF OF PUBLIC TRANSPORT
SERVICE IN THE AREA OF ASSIGNMENT, (4) TRANSPORT IN
UNPAVED ROAD NETWORKS UNACCESSIBLE TO MOTOR
VEHICES, AND (5) TRANSPORT USING BOATS DUE TO THE
ABSENCE OF CONNECTING BRIDGE OR ROAD NETWORKS OVER
AREAS SURROUNDED BY BODIES OF WATER, SAID TEACHERS
SHALL BE COMPENSATED SPECIAL HARDSHIP, HEALTH AND
SAFETY HAZARD [to-+h

compensated—speeialhardship] allowances equivalent to at least twenty-five

(25%) per cent of their monthly salary.

SEC. 11. Sec. 21 of the same Act is hereby amended to read as follows:

Sec. 21. Deductions Prohibited.-No person shall make any deduction
whatsoever from the salaries of teachers except under specific authority of law
REQUIRING [authorizing] such deductions: Provided, however, That upon
written authority executed by the teacher concerned, (1) lawful OBLIGATIONS,
dues and fees owing to TEACHERS’ SAVINGS AND LOAN
ASSOCIATIONS, TEACHERS’ MUTUAL BENEFIT ASSOCIATIONS
AND TEACHER COOPERATIVES AUTHORIZED BY THE BANKO
SENTRAL NG PILIPINAS (BSP), THE INSURANCE COMMISSION (IC),
AND COOPERATIVE DEVELOMENT AUTHORITY (CDA), (2)

Ww


LAWFUL dues and fees owing to the Philippine Public School Teachers
Association, and (3) premiums properly due on insurance policies, [shallbe
eonsidered—deductible.| SHALL BE THE ORDER OF PREFERENCE IN
DEDUCTIONS RESPECTIVELY.

PROVIDED, HOWEVER, THAT DEDUCTIONS UNDER THE SALARY
DEDUCTION SCHEME NOT BE CHARGED WITH COMPOUNDED
INTERESTS AND PENALTIES AS PAYMENTS SHALL BE COURSED
THROUGH SALARY DEDUCTION UNTIL FULLY PAID.

IN CASES WHERE PAYMENT OF OBLIGATIONS EXCEED THE 12-
MONTH TERM, DEDUCTIONS FOR PAST DUE INTEREST SHALL
APPLY.

SEC. 12. Sec. 22 of the same Act is hereby amended to read as follows:

Sec. 22. HEALTH, WELLNESS AND MEDICAL BENEFITS
[Medical Bxamination-andTreatment] TO ENSURE THE OCCUPATIONAL,
EMOTIONAL, PSYCHOLOGICAL, MENTAL AND PHYSICAL
WELLNESS OF TEACHERS WHILE IN SERVICE, THERE SHALL BE
A COMPREHENSIVE HEALTH, WELLNESS AND MEDICAL
PROGRAM. THE ANNUAL PHYSICAL EXAMINATIONS FOR ALL
PUBLIC SCHOOL TEACHERS AND THEIR DEPENDENTS [Compulsory

teacher's—professional_tifeWhere—medieal_examination show that-medieal
treatment-and/or-hes is sae] shall be provided free by the
government entity paying the salary of the teachers.

SEC. 13. Continuing Education Benefits. - Public Schoo! Teachers shall be given free

continuing education units as required by the Professional Regulation Commission (PRC) and

for promotion purposes as required by the Civil Service Commission in any State Universities

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and Colleges (SUCs) nearest to their place of assignment or any school qualified by the
Department.

For this purpose, the Department shall coordinate with the Commission on Higher
Education for the effective implementation of this provision.

SEC. 14. Conductive Working Conditions and Security Ensured. — Public school
teachers in the administration of their duties and functions shall be ensured of good working,
safety and security conditions in their places of assignment. In view thereof, the Department
shall provide and maintain adequate space, ventilation, lighting, and security conditions in

public schools to foster a conductive environment for teaching and learning.

SEC. 15. Right to Legal Counsel of Public School Teachers. — Public school teachers
shall have the right to legal counsel to be provided for by the Department for complaints and
lawsuits charged against them; Provided, however. That such entitlements shall only apply in
lawsuits and complaints in relation to the lawful performance and conduct of their duties and

responsibilities.

SEC. 16. Early Option for Retirement. -Public school teachers who are at least fifty-five
(55) years of age and have rendered at least fifteen (15) years of service may opt to retire of
service and entitled to their retirement benefits subject to the pertinent provisions of Republic
Act No. 8291, or the Revised Government Insurance System Act of 1997.

SEC. 17. Performance Bonus. -Public school teachers shall be entitled to a Performance
Bonus equivalent to their one-month salary to recognized improved attainment of learning
objectives and outcomes subject to the implementation guidelines of the Department of Budget
and Management (DBM).

SEC. 18. Income from Service Fees from Salaries of Public School Teachers. -To ensure
fiscal accountability. All service fees collected from the salaries of Public School Teachers shall
be first remitted to the National Treasury and therefore be appropriated by Congress for health

and wellness benefits of public-school teachers.


hon

SEC. 19. Separability Clause. - If any provision or portion of this Act is declared
unconstitutional, the remainder of this Act or any provision not thereby affected shall remain in
full force and effect.

SEC. 20. Repealing Clause. - All laws, decrees, executive orders, ordinances, rules,
regulations, and other issuances, or parts thereof, which are inconsistent with any provision of
this Act, are hereby repealed, amended, and/ or modified accordingly.

SEC. 21. Effectivity. This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in a newspaper of general circulation.

Approved,