NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
FIRST REGULAR SESSION 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No._________ 
EXPLANATORY NOTE 
This bill mandates the inclusion of day care workers among public health workers who 
have certain rights and privileges under the law.  
This bill provides for the Magna Carta of Day Care Workers. Day Care workers play 
an important role in our society. The day care worker positions were created under Republic 
Act No. 6972 or An Act Establishing a Day Care Center in Every Barangay, Instituting Therein 
a Total Development and Protection of Children Program, Appropriating Funds Therefor, and 
for Other Purposes. Said law provides that barangay day care workers in accredited day care 
centers shall receive a monthly allowance of not less than five Hundred Pesos (P500.00) to 
be charged to the annual appropriations of the Department of Social Welfare and 
Development. Since the decentralization of basic health and social services in 1990, the local 
government unit is directly responsible for the management and operation of day-care centers 
and the compensation of day care workers. 
Day care workers are not only confined in taking care of their wards. They likewise 
assist the Department of Social Welfare and Development (DSWD) during calamities and 
facilitate the referral of cases of child abuse to the Department.  The compensation provided 
for by law is no longer commensurate to the tasks they perform and the responsibilities they 
hold. 
In view of the foregoing, immediate passage of this bill is earnestly sought. 
 RUFUS B. RODRIGUEZ 
December 13, 2022
1:32PM
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NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
FIRST REGULAR SESSION 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No._________ 
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 preschool 
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 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. 
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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; 
(3) Must be certified by the Department of Social Welfare and Development (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 DSWD; 
(b) A Day Care Worker II, with Salary Grade Eight (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 and 
development 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 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 who are both 
day care workers shall be assigned in the same municipality or city. 
(b) Free Legal Services. – The Public Attorney’s Office (PAO) shall represent day care 
workers in cases filed against them in connection with the performance of their duties. 
(c) 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. 
(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 for by existing laws. 
 
SEC. 12. Training, Education and Skills Enhancement.  –  The DSWD, in coordination with 
the Department of Education (DepED), the 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, the CHED, and the 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 
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 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, decrees, 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,